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HomeMy WebLinkAbout1996 t t It t M M • 1996 Development Contracts 1 i 1 a I I c ' i i a Ji I _ -.._-_.-~.~r••_._.. :v ~ ".,.°1- ~Y t"` m:£s$ ~~[+Sr{ ~F Zr Its 4.~«,~ • • ~ I PROJECT NO. CONTRACT NO. j~2i i THE STATE OF TEXAS S D9.MI6KFd--QQHza= COUNTY OF DENTON S Whereas, Centennial Homes. In hereafter referred to as "Owner," whose business address ie 5757 Alpha Road Suite 700 Dallas, Texas 75240 is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and whereas, owner wishes to develop the property and such development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "City"; and whereas, as a condition to the beginning of construction of said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with the City's specifications, standards and ordinances] and • (select applicable provision as follows) Q 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 • ~,g] whereas, the owner elects to make such Improvements hereafter not forth by contracting with Murray Construction Co.,Inc, whose business address is 51S No. Kealy Avanna Lewi vi11 e, trey -rsn" , hereafter referred to so "Contractor"= and Whereas, owner and Contractor recognize that the City has an 1 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/ WITNESLETH 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 Southridge Estates Phase II - I r { the Owner, Contractor and city, in consideration of their mutual promises and covenants contained herein., agree as follows! j 1. Covenants of Contractor. Contractor agrees as lollowst (a) ensnifications, To construct and install the • Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the Citv#s Standard @Rtcif{&ati tL for Public Works Construction. North Central TOM, as amended, and all addenduss thereto, and all other regulations, • ordinances or specifications applicable to such Improvements, such • • PACE 2 0 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 Engingarf_Inagectiona. Taints and Qrdu&. 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 an 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 Contractorfe 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 Englneer 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 aeoept the • • Improvements. PAGE a i' (c) jmsy=gr8. 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 gnacifigations for public Works Confiftrlrtinn u th Central Tsxas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, "owner," as used theraln, shall mean the City of Denton. (d) Means and Methods of Conatruati n. 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 Qj Owner and Contractor. owner and Contractor mutually agree an follows: (a) Psrfo anca sonds: Recrow AQraamant. 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 fnllnwing nrrn:rity ram;4ramonto shall apply: unItse thq i development is a "one lot development," as defined by City's Development Coda: (i) a performance bond in in amount not less than the amount necessary to comp?eta the Improvements, as determined by the City Engineer, shall be submitted guaranteeing the full and faithful completion of the improvements seating the specifications of the v City, shall be in favor of the City, and shall be executed by a surety company authorized to do • 0 business in the State of Texas) or, PACE 4 • (ii) if the coat of completing the Improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the City Engineer, cash money in thn amount necessary to complete the Improvemente, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement ensuring completion of the Improvements. Without exception, the City$s escrow agreement form shall be used. (b) $aYBfnt-~4tJSii__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 coat 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 tnat any ana all asbts clue co 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 subcor.cractor■ who performed labor on, or supplied PAGE 5 • i I I i material for, the construction of the Improvasents, and, when requosted, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (r,) Retainaagoi Final Payments. (This provision (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 retainags, 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 Approvements of the City, the Improvements shall become the property of the City from and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the Improvements, any olaim, lien, charge or encumbrance is made, or found to exi3t, against the Improvements, or land • dedicated to the City, to which they are affixed, the Owner and Contractor sball upon notice by the City promptly cause such claim lien, charge or encumbran";a to be satisfied and released or • promptly post a bond with the city in the amount of such claim, • • i PAGE 6 t t • lion, charge or encumbrance, in favor of the City, to ensure pay-tent 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 fors and substance acceptable to the City, in the asount of ton percent (101) of the contract amount of the Improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that appear within one year from the date of acceptance. The bond shall be in favor of the city and shall be executed by an approved surety 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 e 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 ouch injury or • damage. (q) Aaraesent Controlling. That the provision of this agreement shall control over any conflicting provision of any • contract between the owner and Contractor as to the can* -vction of • • the Improvements. PAGE 7 i 1 • it 3. occuoancvi_Qnq Lot neyalooaants. owner further agrees as follows: r (a) That owner will not allow any purchasers, lessee, or other parson 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 developmlint," as defined by City's Development Cods, 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. • S. Vanua and Ggyarning l,aw. The parties herein agree that this contract shall be enforceable in Denton county, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and provisions of this • r • contract shall be construed in accordance with the lava and court decisions of the State of Texas. PAGE 1 1 a a r 1 1 6. successor and Aasions. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, .n' I day of OWNER Centennial Homes, Inc. CONT,'V\ Murray Construction Co.Inc Joel M. Marshall Oliver H. rray CITY OFnnumo No TEXAS BY: CI MANAGER ATTEST: J I PER f%LTZRS, CITY SECRETARY APPROVED AS TO LEGAL FORN: HERBERT L. PROUTY, CITY ATTORNEY BY: 1 Jt~ ~,(y,Lp__ ~ i i E• p 'PAGE 9 - , a.«-.-r-r-•-`- y {a ..,r,Y t tl 4Z1 s al.. ~ + a ,8./li' ..~;.,4ha t,~37`4~^'~ e~l +~'G'.I F..Y.e ,si~i `aT I I I I . 6 . ' "EXHIBIT A" Eet.MeORerised mid NVRRAY CON07RVCTION CO., INC. 515 NO. XIALY AM DATE iNovember 20, 1995 LINIMLL1, TRZA6 75057 TO ICeateanial EoeOesr Inc. (214) 436-4566 TAXI (214) 311.0019 6717 A729pa Road Engineer 0 Carter 1, Eursassr Zra, $Mike Oalles0 Texas 75240 specs r City of Denton Atta, Dan Allen Deco. of work 0 Nature Sanitary a Storm Location r southridOe SstateS those It Denton, Taxes Job No. i 90M • iTEM t1NZ.T ; DISCRZDTZON QUANTITY VN11 IRICS TOTAL _ ~1 6e•NOR-31 OTC SANITARY •S1 .1.1~ 9.47 767.07 2 10 BM-31 M SANITARY 2000 l.f. 10,45 000100,00 3 low MR-26 rvC SANITART 730 l.f. 13,74 9.200.20 4 41 DZAM. STD. MANROLE 12 we. 1115600 14,230.00 5 STANVARD CLRAMOVT 1 ca. 205.00 315.00 6 L'O6Rf1♦O'P TO ExZIT. MMMOLE 1 ea. 530.00 550.00 7 ADJUST RYI9TXM0 NAM" 3 ea. 100.00 10500.00 1 COMMUC1 ME Of13R RI8T. 2 ea. 13!6.00 70793.00 9 40 SDR45 PVC SSRTICSS 47 ea. 793.00 130771.00 10 89CATATION SAFETY 2761 l.f. 1.00 20711.00 11 DM M A MATRIMN TEST i l.a. 5900.00 50900.00 12 SOR-TOTAL SANITARY 1 0770/15.27 13 611 OR-15 PrC MATER MAIN $74 I.C. 9.95 900 6.30 14 511 DR-11 OTC NATRR MAIN too l.f. 11.05 19.665.00 15 60 MJ GATS YALTA 3 ea. 474.00 10432.00 16 911 MJ OS.TE YALYR 6 ea. 374.00 70344.00 17 to SLOW 0" VALVE 2 ea. 175.00 11750.00 19 1 R FEW 6 KIVU= 1 ea, 1415.00 40455.00 110.00 110.00 20 1■ OnNu DON. IMMCI 40 ea. 363.00 140900.00 21 CCMIWT TO RRIST131tl WATER 2 ea. 350,01 710600 22 V MM S NATMRZM TROT 1 1.50 1500.00 10500.00 33 M-TOTAL NXTER i 14f111f.10 24 119 CLUS III MCr 327 I.E. 70,35 00031.75 25 211 CLASS III MCI 192 I.E. 23011 40501.16 24 360 CLARE III no 167 l.t. 42614 70174.33 37 419 QLA" 222 RCP 370 l.f. 77:50 21015.00 as `~e CIA" I~ RCP 714 lea; 106.35 22#799.90 avw= 1440000 1#440.00 30 Ir cum UM&T 1 ea, 1500.00 16501.00 31 4' L'DR8 IMANT 2 as. 116040 31130.00 $3 6' CUP ZN6RT 1 to. 1 40.00 11740.00 33 100 CM INLET l ea. 1910600 11900.00 34 NANNOLI) RISER 1 ea. 750.00 750.00 25 7+ 909 XWAn 1 ea. 1975400 1,975000 36 Ste TTPM SMe 3)EADMALL 1 as, 475.00 679000 37 310 TM 0811 13MM" 1 e4. $75,00 ~ 575,00 , 31 fog TM 0511 MXAVML 1 as. 3520000 3,130.00 39 =I AM i COMif. Ton, 50050 635.00 • 40 R>;CATATIOM SAf1T! 1270 I.E. _ • • 41 is DIM. W= RIP-RA! 00 s.y. 61.00 60241.00 7 77 s • r , 42 13• CZAN, ROCK RIP-RAP Igo ■.y. 91.60 10.A74.90 43 DWSM R HATDRIAL9 TIAT 1 1.w. 710.00 T60.00 44 4! "MIT /sa i►L DL Dtv i so, Moo 300.00 1.00 iio4 is /Cmr 40 "C COMDMax VIT 100 1.9. ioo:oo 47 /W-TOTAL MY/C. 1 000,00 _ TOTAL NMITARTY, 11ATRR, GTORM, NI/CiLLMMUN F g34.i00.70 /L{1/ rUIORIWICR, YAYMM & HUNT. NIMN i $4r 075.00 TOTAL DID UITX 3'OLL DOND9~ /339►37i.70 NOTD/r A. Na will reaaire thirty 170) calendar days to ow"tantial ~ ion. lryr Nnrra k . • i , 4 J i v .,i J'``AS-b''t~2 ~ ~~7t7~tF ~T.,: ti S P i • j i .%AA019DE I BOND NO. 31-00809 77 PROJECT NO. qU-' CONTRACT NO. ~r PERFORMANCE BOND THE STATE OF TEXAS S VjOW ALL M BY THESE PRESENTS: COUNTY OF DENTON S That Murriy- onstruction C an Inc- of Denton County, Texas, hereinafter called Principal and FIRST COMMUNITY INSURANCE VQMPANY oration organized or the laws of the State ofNSw YORK a Corp and authorized Co do business in the Stets of Texas, hers na a'x' called "Surety", are hold and firmly bound unto the City of Denton, Texas a Municipal Corporationnal in sun of Denton HUNDRED Te~xxas, hersinalt+r called City in the p+ FOUR THOUSAND FIVE HUNDRED AND 70/100---------($224,500.70----- I'm 11 Dollars, lawlul coney o! =O United Statu, or the paymsnt of } which sun well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, and firmly by in THE Condition of this Obligation is such that: WHEREAS, the Principal antar into a certain gontzAot with dated_ the day of , \ - C n vv , 19 y) , , in the prose part proper perorma of !which is hereto attachedonand made as interest, a a copy y hereof, for the construction o!: • Unlit i rovements for Southrid a Estates Phase II NOW, THEREFORE if the Principal shall well, truly, and • , ; • • faithfully cause to be performed and fulfilled all of the contract undertakings, accordance wwith they 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 • • and during the life of any quaranty 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 to the hereby beade, aived; than notice Obligation ishallibesvaid otherwise to remain in " w full Core* 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 agrses that no change, extension of time, alteration or addition to the terms of the contract, or to tha work Performed thereunder, or the Plans, specifications, Drawings, etc., accortpanyinq the same shall in anYwiss affect its obligation on this bond, and it does hereby waive notics of any such change, the extension of time, alteration or addition tou~d r terms of the contract, or to the work to be performd there. IN WITNESS yhiMOF, this instrument is executed in tr124catte, eaed an original, this the day each -'One of Which shall ,he.~ Ofd k~~l't 19y~ SURETY p1LNCIPAL INSURANCE ~~y Murray Construction Company. Inc. FIRST aMJNITY Agent: Con act Bonding Agency 515 sort Ke Avenue 206 Elm St., Suite 105 Lewis 1eT Tex exas 15051 Lewisville, Texas 15051 BY : B ATTORNEY-IN-FACT PAUL= L. LE= ATTEST: qq r ; SE An • NOTE: poTNOT B _R PO DAUTE OI~COIiTRACr!►CfiLD. DATE Of 80 MiJS PAGE TWO • AAA019DF 130ND NO. 31-00809 PROJECT NO. CONTRACT No. ate. PAYKENT BOND THE STATE OF TEXAS S COUNTY OF DENTON S THAT Marra C n true i n ' an [n of Denton County, Texas, hereinafter called principal and FIRST COMMUNITY INSURANCE COMPANY a Corporation organized under the laws of the State oft= and authorized to do business in the State of Texas, here nutter called "Surety", are held and firmly bound unto the City of Dentin, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City", and unto all persons, fires and corporations who say furnish materials for or perform labor upon the buildings, contract, in the penal sum improvements of TWO HUNDRD TENTY OURh, THOUSAND FIVE HUNDRED AND 70/100------------------------------- 2241500.70-----) Dollars, lawful money of the United States, to be paid in Denton, Denton County, Texas, for the payment of which sus well and truly to be made we bind ourselves, our heirs, executors, addinistrators, and successors, jointly and severally. THE Condition of this obligation is such that: • WHEREAS, the Principal entered into a certain contra with owner, dated the day of , 29 , proper performances which the-City o Denton, Texas, has an interest, a copy of which is hereto attached and made a pact hereof, for the construction of: • Utility Improvements for Southridge Estates, Phase II • • ~.r PACE ONE y.~ • _ 'mmm7 07q • i NOW, THEREFORE, if the Principal Shall Well, t-41,1, 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 supplyinq labor and Of the authorized provided of said i material in the prosecution contract and any and all duly y ification Contract that may hereafte a be ssly,waived, then lthisoobligation shall the surety Is hereby y xp shall be. void: Otherwise reaaactiIn full foree. and on be filed upon this bond, Provided further, that If any y leg venue shall lie in Denton County, Texas. AND THAT said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to tor , or the terms of the Contract, or to the work pare omod thortundar the sage the Plans, Specifications, Drawinqs, etc., ompanyinq shall in anywise affect its obligation an this Bond, and it does hereby waive notice of any such change, extansion of time, or additon to ,=e d~ a torso of the Contract, or to the work to be par IN WITNESS WHEREOI, this instrument is executed in tri ea~Y each one of w ich shal19be~ deaxed an original, this the of PRINCIPAL SURETY FIRST COMMUNITY INSURANCE COMPANY Mu r n t ion Agent: PCL contract Bonding Agency "Forth Keex Avenue 206 Elm St., Suite 105 Leevi TTexas 15x57 Lewisville, Texas 75057 SY BY: ATTOttNtY-LN-PACT PAULE L. LESC ~ ATTEST: • SE I NOTE: DATE OT PAYH[ENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. PAGE TWO e .%AAO:9DF PROJECT NO. BOND NO. 31-00604 CONTRACT NO. L CONTRACTOR'S MAINTENANCE BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S That County, Texas, hereinafter called Principal and of Denton R OMPA Y FIRS a corporation organized under the laws of the State of NEW YORK and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Denton, i Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City" in the penal sun of TWENTY TWO THOUSAND FOUR HUNDRED $22,450.07------1 FIFTY AND 07/100 Dollars, lawful coney of the United States, the said sun being tan percent (104) of the total amount of the hereinafter mentioned contract, for the payment of which sun well and truly to be made we bind ourselves, our heirs, executors,, adainistrators, and e successors, jointly and severally. TIM Condition of this Obligation is such that: WHEREAS, the Prrcipal ante;ed~ into certain contract with Amer, dated the ~G, day of k_c_ 11 £ - , 19r in the proper perforsance of which the City o nton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: II e • Utility improvement for Southridoe Estates. ~ir e x PAGE ONE I 1 1 YON, ,,WORE, if th* Principal shall work, truly, and faithfully saintain and ks+p in flood repair the '+orlc contracted to be done and performed for a period of one (1) year o a the date, of acceptance in writing by the City of Denton and do all neeassarj work and repair of any dsfeative conditions growing out of or arising Cron the improper work of the arc ud a bue i t limited to, any settlinq, breaieinqr eme of the work or part thereof arisinq from InPrOVer condition of any c ctinq or any other cause or condition, uccavaor unknown, own, at any time during the period of this bond, which the known city u engineer,, an whale judgment shall % Cinal and conclusive, , detsrain+s to be the result Of detective wore, materials or Labor; then this obligation shall be void, otheriiss to remain in full force and effect. wok as dotarained In case the icopnditsionl of fail. to reconstruct any defective may do said wok and supply such swa is agreed that ch~a the sun against the said Principal in s. and d Surety a asnecessary thiss Obligation. it is Curthar agreed that this obligation shall be continued and that successive recoveries one against the principal and Surety may be had hereon for successive: breaches of, the aoe~ iii ve~b«n provided until the, full aw not of ,this: band exhausted, and it is further naderstood that the obligation to maintain said wok shall contiiuis ~dimiais saidhsd, or in saintsnancr any period, and the sale shall. usnot be e during saidotims. manner attested !roar any MV==, further, that if any legal action be tiled an this bond, venue shall lie, in Denton County. IN WrZN=S wRZ=r, this instr4matnt is executed in ttiq Lost an original, this the X51 day eacp ane of ich shall 131 do s~ 19~ • SURETY PRINCIPAL rUST CaMl1IJM INSURANCE OWANY Murra Construction C an [nc. Agentz PCL Contract Bonding A ncy o ea y venue ZM6 F.ls St., Suite 105 Le+eisv ,le, Texas 7 rlex it T s 75057 BY: BY: ?M=TE f~. LESCq PAGE TWO • NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT, ATTEST~~:++ Un SUUt , t i i .F i j .j PAGE THREE -l t, • _ ..D ~~,r 1 ti .'E. yf~~~~3t`~F hG f 1~~~f~~ t i ° 1 ~ 1 f ~.i: { • IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. 0. Box 149104 Austin, TX 78714-9104 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 noes not become a part or condition of the attached document. j • I • I! Power of Attorney 31-00809 KNOW ALL MEN BY THESE PRESENTS: That First Community Insurance Company, a corporation created by and exiting undo the lows of The Stale of New York having its principal office in the City of Bedford, New York, does hereby naminsta, constitute and appoint: Pauline L. Lesch, Clem F. Lesch of the City of _Lewisville Denton County, state of TexR3 nch its tow and lawful, Allornoyin•Fsct, with full power and authority conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety as its act and deed, any band. undertaking, consent or agteement, not exceeding Two hfllllonand XX/100 LbHanlf2.000.000ST01 whkh this Company may be auifimiled to write. The First Community Insurance Company furihr c rtifin that the following is a true and cortect copy of Article VI, Section 4 of the ByLawa duly adopted and now in force, to wit: SECTION 4, AUTHORIZED SIGNATURES. AR deeds, bonds, mortgages, contracts, and other instruments re"iring a sail, and ail indefsemenrr, assignments, transfers, stock power, bond powers or other Instrwrnis of transfer of loeta passe T standing in the name of the Corporation, and all proxies to vote upon or conaanls with raliset to shares of stock at ether conpenfas standing in the name of the Corpasdon may be signed or aecvted by the Chairman of the Board at by that president or by my other ollica outhorited to sign such instrument by the Chairman of the Board or by the president or by the Board of Directors IN WITNESS WHEREOF, the First Community InaurarTes Company has caused thata presents to be sigmed by itnPraide+tt and Its Corporate Seal to be affixed by its Secretary thb Ooh day of gwnl Pmtwr 19~p., ; ATTE /Y FIRST COI, NITY SU fANf r r K stln Octane, SeaetarY Osrid on, PTaddent This Power of Altamey is signed and sealed by faasirrele under aid by the authority of the following RnoluUin ednpted"'y that "ddrd of Directors of the First Community Insurance Company at Its monthly firstling held In August 1994, RESOLVED, that the signatures of the Pisddent and the Secretary and the Sad of the Corporation may he alRaed to any Power of Attorney or any cortified copy Ihrsel or any crtificatlon riffling thereto, by fsesirnls and any Power of Attorney or any certified copy thereof, or any certification reloting thereto bearmg such facsWe signature or facslmilo seal shag be wild and binding upon the Corporation in the future with respect to any bonds, umbonsking , racegnfronee or contracts of indemnity to which it is attached, STATE OF FLORIDA 1 I SS. COUNTY OF PINELLAS I BEFORE ME, the undasigmd authority, personally wparsd DAVID K. MEEHAN and G. KRISTIN DELANO who acknowledged the" o to be the president and Sociality of Flat Community Insurance Comp my , a Florida corporation, end they all such Pressmi and Seaaary being euthorited to do so, axeculsd ilia foregaing Instrument for the purposes Merem contained by ;going the mime of ilia ceepasdon by themselves as Preddeot and Secretary, and that said seatlary affixed thereto the seal of the cerporsdon and attald to the execadae of the foregoing 0 Instrument. IN WITNESS WHER eunto set m s gj~ day of plrmha* 1994 My Commission Espirer. 211 „of w Notify Public 0 I, the undersigned, Sociality of First Cornmrhuty msurtnce Company do booty cattily thol the original Power of Attomsy, of which the foregoing is a full, true and correct copy, Is in full Ian and effect. 0 0 day if of the corporate seal of 11,- oration this IN WITNESS WHEREOF, I have haainla subscribed my name as Seaeta - Of (SEAL) ~ . Kristir Oalana, Staeury { i • alNlltll.'; ' ERT1FIf„A E OF iNSUROCE 5 iz/2si 95 OILY AND r~ooucu rra CafffiVATa 1! t"URD AT"I 71 S A WTTaR OF HOLDDMORER. Tw caRIIRCATE COtlfatte No RtONts WON OR CLRTRa COYl11A~ ~ BY THE Rollins Rudig Hall of TX, Ina. NST"L rHa 2200 Roes Avenue, Suite 1700 COMPANIES AFFORDING COVERAGE Dallas, TX 75201 (214)978-6600 Fax(214)978-6650 A Valley Forge Insurance Company LET" CWANI 8 Continental Casualty Ina. Co. LETTER wPUllm Murray Construction Company ~ C Transcontinental Insurance Co. 515 No. Realy Avenue - Lewisville, Texas 75057 ~ D LeYiFn THIS 19 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTIMTHSTANDINO ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT 09 OTHER DOCUMENT PATH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCiES DESCRIBED HIMN 19 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHONN MAY HAVE BEEN REDUCED BY P.UD CLAIMS, POLICT s"CM POLICY WWTION LWM Lm TIR OF IIILXIAICa IR%IOY I1MRI01 OATI (WAOwn LMT! pMOM'p PWM~Aoo11EOATE 8 2,000,000 A: aveRA. WARY OP A*O P 1,000,000 X CACLAM M "09,0& LAMILM M X X O BET 21697TB2 ADY NAMi A 1,000,000 &CONTOE ate; 07/31/95 07/31/961 - F' 1,000,000 per r A Proj corllRACroR9 Agg FOOT AOE IA1 oti Na) 0 50,000 X P . iEO DOOM .,ou» ).6...,.,. 5, 000' 'J AUTamrewlanT COAD"SNGLE t LAM 1,000.000 B X Am ANo sUA 2M7t» AU 00" AUTOS 07/31/95 07/31/969004"LoY t „weMUO Anus NPEO NJrOS r SOOLY NARY 1 R« aocwa0 401410"WO AUTOS IMP" LVaUTY 1010M LMaanr EACH occVr.'WWE ` 1,000,000 B x LMWJLAFOW KUS ns m 07/31/95 07/31/ 96^ ah A 1,000,000 OTHIN THAN UWIFE LA FORK _ I~ppIW7 C01/BMATIOR X STATUTORY LJMn C 95 07/31/96FAe!"u10B1' F 500,000 ...ISO 07/31/ ] AM wC1 3M GM PCCic LuRr :A 500, 000 ryTavolr LAAIaIn L GEE • EACH eMPLOYM F 500,000 OTHIl nlrl IoslrnoM of OMAiI&WIL eAnoMWYNCLIWO' DIY Projects Southrid e, Phase II - Denton, Texas certificate holder in recognized as additional insured for gneeral 777 'ilk i 'ts h r,e rz..'' ALl~ S.k. ale atJ.i ti•a,C)~„uss~`i ",ve • , . J SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ~ • • F EXPIRATIO~NY IDATE THEREOF, THE ISwWa COMPANY WILL EIOEAI ]R In Ly MAIL ~30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City of Denton , LET, BUT FABURE TO MAIL SUCH NOTICE sHALL IMPOSE NO OKAATM OR Attnt David Soloman, Sng. Dept. ~i. LIABILITY DF ANY IONO UPON THE COMPANY, ITS AMTS OR MPRE"TATIPM. 221 N. Elm WTRORIW R~WwA Denton Texas 76201 a ACOIfg 9Ft ~ % ~ , a, GOOQ~~~o 4C000~p~On *A,o s a cq F 4 v H v C3 CooO~ °0000aaoanaao~~°~~ ~ • ~o ! ~ o 0 e 21931 PROJECT NO. CONTRACT NO. i THE STATE OF TEXAS 4 DEVELOPMENT CONTRACT COUNTY OF DENTON S Whereas, Centennial Homes, Inc. DAA Trendmaker Homes hereafter referred to as "Owner," whose business address is 5757 Alpha, suite 700, Dallas, Texas 75249 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 ":ity"; and Whereas, as a condition to the beginning of construction of said development, a development contract is required to insure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with the City's specifications, standards and ordinances; and (select applicable provision as follows( l~ Whereas, the Owner elects to construct the Improvements j without contracting with another party as prime contractor, in 01 which case the provisions of this contract which refer to 0 "Owner" of "Contractor" shall mean the Owner as named above; or PAGE 1 f • I { X { Whereas, the Owner elects to make such Improvements hereafter set forth by contracting with Austin Bridge & Road, Inc. _ whose business address is i 11143 Goodnight Lane, Dallas, Texas 75229 hereafter referred to as "Contractor"; and 1 Whereas, Owner and Contractor recognize that the City has an interest in insuring that the Improvements subject to this agreement, which will, upon completion and acceptance by the i City, become public property, are properly constructed in accordance with the City's specifications and that payment is made therefor; WITNESSETii 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 Southridge Estates, Phase II, Denton, Texas the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: 1. Covenants of Contractor. Contractor agrees as follows: (a) Specifications. To construct and install the i Improvements In accordance with the procedures, specifications and standard contained in Division II and III of the City's • Standard _Specifications for Public Works Construction, North • • Central 'rexas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to PAGE 2 • such Improvements, such specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) Authority of City Engineer; Inspections, Tests and i Orders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the i City Engineer of his representative. The City Engineer shall decide all questions which arise as to the quality and { acceptability of materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable Eacility for ascer- taining whether or riot the work performed was in accordance with the specifications applicable, thereto. Any work done or 1 materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthor- ized or condemned work or materials, or to follow any other • request or order of the City Engineer or his representative, the City Engineer shall notify the Owner of such failure and may suspend inspections of such work until such failure is • remedied. If such failure is not remedied to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the improvements. PAGE 3 0 • (c) Insurance. To provide for insurance in accordance r 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 u)t, in the judgment of the City Engineer, assure that the Improvements were constructed in accordance with City specifications, 2. Mutual Covenants of owner and Contractor, Owner and Contractor mutually agree as follows: (a) Performance Bonds; Escrow Agreement, That if building permits are to be issued for the development prior to completion and acceptance of all improvements that are to be • dedicated to the public, the following security requirements shall apply, unless the development is a "one lot development," as defined by City's Development Code: • (i) a performance bond in an amount not less • • than the amount necessary to complete the Improvements, as determined by the City Engineer, shall be submitted guaranteeing the full and faithful completion of the , PAGE 4 77 a I i r Improvements meeting the specifications of the City, shall be in favor of the City, and shall be executed by a surety company authorized to do business in the State of Texas; or, (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 4gent, 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 (loot) of the approximate total cost of the contract cost of the Improvements guarantee- i rig 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 a I I Improvements is $50,000 or less, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," as defined by City's Development Code, and a • payment bond has not been submitted in accordance with (i) above, Owner and Contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, material or both in the construction of the Improvements shall be fully paid and satisfied before acceptance of the Improvements by the City and that prior to • acceptance of the Improvements, the Owner and Contractor shall furnish a written affidavit, in a form provided by the City z PAGE 5 rr j I i • • i I ~ i ' I J i I, I I I Engineer, stating that all bids, charges, accounts or claims for labor performed and I material furnished in connection with the J construction of the Improvements have been paid in full and that there are no unre- leased recorded liens filed against the Improvements, or land to which they are affixed, that are to be dedicated to the public. That, upon the request of the City Engineer, Owner of Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers { that they have been paid in full, 1J (c) Retainage; Final Payments. (This provision (c) applies only where the Owner and Contractor are not he same party.) That as security for the faithful completion of the Improvements, Contractor and Owner agree that the Owner shall retain ten percent of the total dollar amount of the contract price until after final approval or acceptance of the improvements by the City. The Owner shall thereafter pay the Contractor the retainago, 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, t (d) Encumbrances, That upon completion and approval • or acceptance of the Improvements of the City, the Improvements • • shall become the property of the City free and clear of all i i i 1 liens, claims, charges or encumbrances of any kind. If, after acceptance of the Improvements, any claim, lien, charge or j i encumbrance is made, or found to exist, against the Improvements, or land dedicated to the City, to which they are { affixed, the Owner and Contractor shall upon notice by the City promptly cause such claim lien, charge or encumbrance to be satisfied and released or promptly post a bond with the City in the amount of such claim, lien, charge or encumbrance, in favor of the City, to insure payment of such claim, lien, charge or encumbrance. (e) Maintenance Bond. That prior to approval or acceptance of the Improvements by the City, to furnish a maintenance bond in form and substance acceptable to the City, in the amount of ten percent (101) of the contract amount of the Improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that appear within one year from the date of acceptance. The bond shall, be in favor of the City and shall be executed by an approved surety company authorized to do business in the State of Texas. (f) Indemnification. To indemnify, defend and save +I harmless, the City, its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account cf any injuries or damages received I as sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or I • • subcontractors; or on account of any negligent act of fault of PAGE 7 • the Contractor, his agents, employees or subcontractors in construction of the improvements; and shall pay any judgment, with costs, which may be obtained against the City growing out of such injury or damage. (g) Agreement Controllijjg. 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, aid that upon violation thereof will pay the City $3,000,00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no performance or payment bond was required or submitted for the • improvements that are to be dedicated to the public, the Owner shall not be issued a Certificate of Occupancy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance • with this contract. ' • • 'r 4. Covenants of Cit . That, upon proper completion of the Improvements in accordance with this agreement, the City agrees PAGE 8 777 a ` • to accept the Improvements. 5. Venue and Governing Law. The parties herein agree that this contract shall be enforceable in Denton Courity, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court decisions of the State of Texas. b. Successor and 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, ATR day of _Uec. er 1415._• OWNER CONTRACTOR Centennial Homes, Inc. dba Trendmaker Austin Bridge 6 Ro• I He Ales l 1 J BY: BY: Ctc Gary D. Atwood, Vice- resident CITY OF DENTON, TEXAS , BY: ATTEST: l L S, APPROVED AS TG LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY. PAGE 9 i i i ! i ( j 1 Submittal "A" 4. 117 TONS Lime Dollars and _ Cents per TON $ $ 5. 93 LF Street header Dollars and Cents Per LF $ $ 6. 3 EA Street barricade Dollars and Cents Per EA $ $ 7, 4,200 LF Erosion Control Devices Dollars and Cents Per LF $ $ 44,130 SF Grass parkways Dollars and $ $ Cents Per SF 563 SY 6' reinforced concrete street pavement (Lot 1A)Including integral curb and gutter Dollars and Cents Per SY $ $ _ 10. 52 SY 8' wide reinforced concrete valley gutter Dollars and Cents Per $ $ SY Q BASE BID SECTION A - PAVING TOTAL $ 0 ~~C A, ALTERNATE BID • CONCRETE PAVING 1. 8,197 SY 6' reinforced concrete street pavement with 6' curb induding curb transitlpp at barrier free ! ra;nps l~~tsa Dollars and r00 2~0 Cents . i 19 l Q~~ , W Cents Per SY $ ny $ 2, 8,695 SY Ume stabilized street subgrade preparation (6' thickness) tY Dollars and (or 75 - Cents Per SY $ $ 3 h • 1 • ! P-2 933?8102.C01 I~ ~ s PEI I i • I I { i { 3. 117 TONS Lime Dollars and oo kA Cents Per TON $ r I ~ 4. 93 LF C crate street header Dollars and $ 616 Cents per LF $ ` 5• 3 EA Street barricade Je. ~cQ z5f,:J ~ Dollars and o0 00 +ta Cents Per EA $ 5 7L- s I -M , - 1 6. 4,200 LF Erosion Control Devices 1 Dollars and Ci-11 z Cents Per LF $ r $ 5 7. 44,130 SF Grass parkways _iU3 _ Dollars and nL^v Cents Per SF $ . GQ $ ALTERNATE BID SECTION A - PAVING TOTAL $ I6 1 3q B. BONDS 1. 1 LS Payment and performan a bonds f r S ctio I A. ~j ti'r Dollars an C~ `ALO Cents Per LS $ d~~ r $ aSoc.O° 2. 1 LS Maintenan a boQnd('~1 Section "A' ti.i ``>Sallars and oo $co Cents Per LS $ 4{ 0. _ C~~eArc 107 SECTIONS - BONDS TOTAL $ GO, e° Note: Bid Qualificatlons Enclosed! 9=8f02.C01 P•3 y , • TOTAL BASE SECTION W $ Nc~ r3~Q I TOTAL ALT. SECTION 'A' $ 18gr to3q's TOTAL SECTION 'B' $ ZCpoo / TOTAL AMOUNT BASE BID A-8 $ No q ¢S TOTAL AMOUNT ALT. 710 A•B $ ] I The undersigned agrees to complete the work by these Contract Documents In the following number days for Paving. Calendar days for Construction Within five (5) days after receipt of Notice of Acceptance of this Bid, the undersigned will execute the formal contract and will deliver an approved surety bond and proof of Insurance for the faithful performance of this contract. Respectfully submitted, Austin Bridge & Road, Inc. Company: By; C 4-Address: _ Dimas, TY 75229 (Sig ture)- Michael D, Ducote Phone: (1~ 8803 (Print Name) Michael D. DuCOte l Date: I S - ~ Contact; Saninr Ea_ttmat~{ k I (We) acknowledge receipt of the following addenda: i f Addendum No. I Date Received: Addendum No. 2 Date Received: 9=8102.COt P-4 i • BID QUALIFICATIONS rr nJ IAAnfln PROJECT: SOIITHRIDGE ESTATES, PHASE II, DENTON. TEYs1S BID DATE: NOVE11BER 15, 1995 i Owner will pay as extra for engineering, layout, permits & inapections required by City, County, or Owner. Rock excavation, lot sloping, stockpiling, rolling for compacted fills, clearing and grubbing, removal and disposal of dirt, trash, etc. will be by others. These prices based on 1 move-in for stabilization & 1 move-in for concrete pavement. If additional move-ins are required there will be an additional charge of $3,000.00 for stabilization and $5,000.00 for concrete paving. Grading covers only material on iobsite. Dirt contractor to compact subgrade & parkways to project spec. & bring rough grade to + or - one-tenth of a foot, acceptable to engineer, the subgrade shall be + or - one-tenth of a foot by others after the completion of the utility work. Utility contractor is to clean tip his excess excavation prior to our moving on the Job and get compaction in all utility ditches. This bid does not include any temporary or permanent erosion control devices such an hay bales, silt fence, or seeding unless called out as a bid item. This bid does not include any pavement markings, wheelchair ramps, sidewalk, brick pavers, conduit crossings, or light pole foundations lsnless called out in the proposal as a bid item. Items will be measured to determine quantities for final payment. Retainage will be paid in full upon mea^aring of final quantities, and acceptance of our work by the City of Denton. • IA L S ~ a • i i 2 Auatin Bridge & Road, Inc.'s indemnification shall be to the extent { of our own negligence. Auatin Bridge & Road. Inc. shall have no liability for design. i 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. . Any contract other than this proposal shall be subject to approval by Austin Bridge & Road, Inc. i Contractor shall have the right to assign this contract to any other wholly-owned subsidiary of Austin Industries, Inc. provided the contractor shall remain secondarily liable in the event of default by contractor's assignee. I i r' r I i 1 i „ .r • i 1379L BOND NO. BA-3128 J PROJECT NO. - CONTRACT NO, CONTRACTOR'S PERFORMANCE BOND THE. STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S That AUSTIN BRIDGE & ROAD, INC. of 11.143 GOODNIGHT LAND -DALLAS Texas hereinafter called "Principal" and BRITISH AMERICAN ' `INSURANCE COMPANY a corpo- ration organized under the laws of the State of `TEXAS , and authorized to do' business in the State of Texas, hereinafter called "Suraty", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation in Denton County, Texas, hereinafter called "City", and _SENTZNNIAL HOMES, rNe_ dh, TRENDMAKER HOMES hereinafter called "Developer", in the penal sum of ONE HUNDRED EIGHTY-SEVEN THOUSAND, E1rfJT HUNDRED THIRTY-FOUR DOLLARS AND law- u~ 1 money o the nite States, to a pa in Dentong Gounty, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and s • 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 i as of the 80, day of DECEMBER , 19~s (the "Contract"), a copy of wfiic~ is attacchied hereto and made a part hereof, for • construction of ` • PACING IMPROVEMENTS to serve SOUTHRIDGE ESTATES, PHASE 11 an Addition to the City o~ Denton, Denton County, Texas; 1 i • i i t • 1 i i _ I NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the City and/or Developer with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the City and the Developer from all costs and damages which each may suffer by reason of failure to do so, and shall reimburse and repay the City and the Developer all outlay and expense which the City or the Developer may incur in making good any default, and shall promptly make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution o the work provided for in such Contract, and any authorized extension or modification thereof, then this obligation shall be void; I otherwise to remain in full force and effect, PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, Texas, and the said Surety, for value received hereby stipulates and agrees that no 14 change, extension of time, alteration or addition to the terms 14 the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications, IN WITNESS WHEREOF, this instrument is executed in tripli- cate, each one f whit shall be deemed an original, this the y' day of CcP_, 19 ~ PRINCIPAL • AOSTLN BRIDGE ROAD, INC. t f,t P tr ~R"l Q-svkJ BY 'CSl RETARY (PRINCIPAL) GAR D. ATWOOD • i • 11143 Goodnight Lane, Dallas, TX 7Ad ress CONTRACTOR'S PERFORMANCE BOND/PAGE 2 i • WTI' S AS t PA A rest ,SURETY BRITISH AMERICAN INSURANCE COMPANY BY. SECRETARY (SURTYT- 'Attorney n- act - GEORGE HULSEY P.O. Box 1590, Dallas TX 75221 ress WLTN SS T SURETY Address NOTE; POWER OF ATTORNEY OF SURETY MUST BE ATTACHED, DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT, • t CONTRACTOR'S PERFORMANCE BOND/PAGE 3 • 1 arl,la it'it~~~h,~? a ..,>i. i • 1:ii8L BOND NO. BA-3128 PROJECT NO. CONTRACT NO. CONTRACTOR'S PAYMENT BOND THE STATE OF TEXAS 5 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON i That AUSTIN BRIDGE & ROAD, INC. of 11143 GOODNIGHT LANG , DALLAS , Texas hereinafter called "Principal" and BRITISH AMERICAN 't INSURANCT. COMPANY , a corpo- ration organized under the laws of the State of TEXAS , and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation in Denton County, Texas, hereinafter called "City", and _ CENTENNIAL HOMES, INC. dba TLENDMAKER HOMES hereinafter called "De,''eioper", and unto all persons, firms and corporations who may furnish materials or perform labor for the building or improvements here- inaf ter referred to in the penal sum of ONE HUNDRED EIGHTY-SEVEN THOUSAND, EIGFPC HUNDRED 'I'IIIR'I'Y-f'Ol1R AND 45/100 1E371_H34.45 lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severalty, 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 Bth day of E =ng 19q,, (the "Contract"), . • I 1 i a copy of which is attached hereto and made a part hereof, for i , construction of PAVING IMPROVEMENTS { to serve SOUTH RIDGE ESTATES, PHASE II an Addition to the City o enton, enton ounty, ex~ as; NOW, THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants, as defined in Article 5160, Revised Civil Statutes of Texas and all claimants as that term is used in Article 5472d, Revised Civil Statutes of Texas, as recodified in Chapter 53, Subchapter f of the Texas Property Code, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise, it shall remain in full force and effect. This Bond is made and entered into solely for the protection of all claimants supplying labor and material in the prosecution 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 "rticle 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 speciEications 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. v PROVIDED FURTHER, that no final settlement ber,ween the City • and/or Developer and the Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in tripli- cate each one p{~f which shall be deemed an original, this the Pq4 \ day of d> -Ln n~~.~1 , 19 . • PRINCIPAL • • AUSTIN BRIDGE & ROAD, INC, _ t CONTRACTOR'S PAYMENT BOND/PAGE 2 • y- r • • BY: r SECRETARY RI CIPAL GARY D. ATWOOD 11143 Goodnight. Lane, Dallas, TX A ress I { I W TNESS A TO PRINCIPAL I (Add re s SURETY BRITISH AMERICAN INSURANCE COMPANY BY: SECRETARY (SURETY) Attorne ln' act GEORGE HULSEY P.O. Box 1590, Dallas, TX 75221 (Address) WITNESS AS To SURETY (Address) NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. • r CONTRACTOR'S PAYMENT BOND/PAGE 3 • • BRITISH AMERICAN INSURANCE COMPANY POWER OF ATTORNEY Corporate Headquarters, 3535 Travis, Suite 300, Dallas, Texas 75204 KNOW ALL LIEN BY THESE PRESENTS: y That BPMsld AMERICAN INSURANCE COMPANY, a Texas corporation, does hereby appoint: - - Geor,e Hulsey, Dawn Knight, 1. F. Schranz and Paul W. Hill: of Dallas, Texas - - a its true and lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizance and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the company thereby. IN WITNESS WHEREOF, British American Insurance Company has executed these presents _ISL- dayyoofJUlle 1994. Paul W. lfiJl, President STA CE OF TEXAS § COUNTY OF DALLAS § On 0h u, day of _JsuC___, 1994, before me came the above named officcl of 6tttish Amel;can Im,tc,ce Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed th+ foregoing instrument and affixed the seal of said corporation therto by authority of his office. IAeYY~YaIt r so !~g sal • RAiFOF1 A. Nol do In and For the State of Texas CossassisimiI 1 oplisin '~;n~ ~~19V1 CERTIFICATE 'N appointment is made undet the au thins ry of the following resolution, ado pied by the Executive Committee of the Board of Directors cf British American dnsurmsce Company m a meeting held an the 25th of March, 1980 -RESCLVED, that the President shall be and is hereby vested with the hill power and authority to appoint any one or more suitable persons as Aaorney(s),inrFact to represent and act for and on behalf of the Company subject to the following provisions: 1. AnorneyimFact may be given hdt power and authority as outlined in the Power of Anomey for and m. the name of and on behalf of the Company to execute, acknowledge and deliver fidelity and surety bonds and other bonds, consents of surety, consents to modifications of surety contracts as may he required un the ordirsary course of business, all nolites and documents canceling or to rminating the Company's liability thereunder, and any such insimmeno so executed by any . such ArarneyimFacl shall he binding upon the Company as if signed by the President amt sealed ant attested by the Corporate Secretary L The facsimile signatures of the officers and the seat of the Company shall be valid and binding upon the Company In the execution, attestation and sealing of any instnlmem appointing an Attorney, m. Fact.' I, Dawn Knight, Assistant Secretary of British American Insurance Company, do hereby certify, mat the above and foregoing is a true and correct copy of a Power of Atwrney executed by said Company, which is still in force and effect, and, furthermore, die resutuuan of the Executive Committee or the Board or Uirectan, as • set forth in the Power of Attorney, is now in force. t, IN WITNESS WHEREOF, t have hereunto set my haul and affixed the seal of the corporation 8th December 95 this day r Dawn Knight, Kssistant Secretary - • i I I I ' IMPORTANT NOTICE ~ AVISO IMPORTANTE To obtain Information or make a complaint: Para obtener Informaclon o part someter una You may contact your agent, queJa: r You may call British American Insurance Puede comunicarse con su agent Company's toll-free telephone number for Infurmstlon or to make a complaint at Listed puede Ilemar at numbro de telefono gratis de British American Insurance Company's pare Informaclon o pars someter una queJa at 1.800.9844242 1.800.964.4242 You may also write to British American Insurance Company at, Usted tombien puede escribir a British American Insurance Company: P.O. Box 1590 Dallas, TX 78221-1590 P.O. Box 1690 Dallas, TX 75221.1590 OR OR 3635 Travis, Suite 300 Dallas, TX 76204.1466 3535 Travis, Suite 300 Dallas, TX 75204.1466 You may contact the Texas Department of Insurance to obtain information on companies, Puede comunicarae con at Departamento de coverages, rights or complaints at Seguros de Texas pars obtener Informaclon scam de companies, coberturas, derechos o quelas at 1-800-252-3439 1.800.252.3439 You may write the Texas Department of Insurance P.O, Box 149104 Puede ascriblr at Departamento de Seguros de Austin, TX 78714.9104 Texas FAX N (612) 476-1771 P.O. Box 149104 Austin, TX 78714.9104 ) PREMIUM OR CLAIM DISPUTES: FAX N (8121475-1771 Should you have a dispute concerning your DISPUTAS SOBRE PRI MAS 0 RECLAMOS: • premium or about a claim you should contact the agent or the Company first. If a dispute is not Si Ilene una disputa concernients a su prima o a resolved, you may contact the Texas Department un reclamo, debe comunicarse con at agents o Is of Insurance. companlo primero. SI no as resuelve Is dispute, puede entonces comunlcarse con at departmento ATTACH THIS NOTICE TO YOUR POLICY: (TDI). • This notice is for Information only and does not UNA ESTE AVISO A SU POLIZA: • • become a part or condition of the attached document. Este avlso at solo pars proposito de Informacion y no to convierte an puts o condition del documento adjunto. I • I it I 0763L BOND NO. BA-3128 PROJECT NO. qb- 2 CONTRACT NO. ' CONTRACTOR'S MAINTENANCE BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON That AUSTIN BRIDGE & ROAD, INC.___ of DALLAS County, Texas, hereinafter called Principal and BRIM11 AMERICAN Iy~S1Bl1t~E_S:S]MP NI~Y - - ,~Corporatian or€anlz 3-under tie Taws othe State of and authorized to do business in the State of Texas, here naEter 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 EIGHTEEN THOUSAND, SI7VEN HUNDRED EIGHTY-THREE AND 45/100---------------- 18,7B3.45 ) Dollars, aT wfulmoney o~ tie n Ce States, the ss sum be-.ng ten percent (101) of the total amount of the hereinafter men- tioned contract, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. THE Condition of this Obligation is Such that: • WHEREAS, the Principal entered into a certain contract with Contractor, dated the 8tji, day of , 19 95 in the proper performance or which the city o en-Eon, Texas, has en interest, a copy of which is hereto attached and made a part hereof, for the construction of: • PAVING IMPROVEMENTS TO SERVF_5UUTHRIDGE ESTATES. PHASE,IL_ ~ • • CONTRACTOR'S MAINTENANCE BOND-PAGE ONE . i 1 I w 1 NOW, THEREFORE, if the Principal shall well, truly, and faithfully maintain and keep in good repair the work contracted to be done and performed for a period of one (1) year from the date of acceptance in writing by the City of Denton and do all necessary work and repair of any defective conditions growing out of or arising from the improper work of the same, including, but not limited to, any settling, breaking, cracking or other defective condition of any of the work or part thereof arising from improper excavation, backfilling, compacting or any other cause or condition, known or unknown, at any time during the period of this bond, which the city engineer, whose judgment shall be final and conclusive, determines to be the result of defective work, materials or labor; then this obligation shall be void, 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 ore against the Principal and Surety and that successive recoveries may be had hereon for successivei brr:ache,s of the conditions herein provided until the full amouu1- 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 triplt- cafe, each one of which rrlIshall be deemed an original, this the • f~day of 195 PRINCIPAL SURETY AUSTIN BRIDGE 6 ROAD, INC. _ BRITISH AFIERICAN IN3URANCti COMPANY BY: 2 BY: GARY U. DOD, VICE PRESIDENT A A GEORGE HULSEY CONTRACTOR'S MAINTENANCE BOND-PAGE TWO I. 1. l • i i 1 NOTE; POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND 14UST NOT BE PRIOR TO DATE OF CONTRACT. ATTEST: ~ lX,Gf~fc~i,~ L(lilvLC/ S.CRETARY l~ 1 1 CONTRACTOR'S MAINTENANCE BOND-PAGE THREE . 1 i s I I s I 1. I i i I ' BRITISH AMERICAN INSURANCE COIIIPANY POWER OF ATTORNEY Corporate fieadquarlers, 3535 Travis, Suite 300, Dallas, Texas 75204 KNOW ALL LIEN BY THESE PRESENTS: r Thal BR1TI$E{ AMERICAN INSURANCE. COMPANY, a Texas corporation, does hereby appoint: George Hulsey, Dawn Knight, J.E. Schram and Paul W. Hill: of Dallas, Texas - - its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizance and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the company thereby. IN WITNESS WHEREOF, British American Insurance Company has executed these presems @tis 1st day of June 1994. ~?4 T~ Paul W. Hill, President S I'ATE OF TEXAS § COUNTY OF DALLAS 4 On this 1St _ day of ~V11t 1994, before me coma d:c abo.e named officer of Brrtisn American Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. MARM WAS ,M Notary Public ?n and or the State of Texas 1+,~ v*~,1l,R y~gtj/yM~01947 CERTIFICATE The appointment is made under the authoiiry of the following resmudon, adopted by 7,c Executive Cormnince of the Board of Directors of British American tnnurance Company at a meeting held on the 25th of March, 1980. 'RESOLVED, that she President shall be and is hereby vested with the full powa aradauhotiry to appoint any one or more suitable persons is Artorney(s)-irr Fact t to represent aid as for and on beAf of the company subject w the following provisions: t i. Ahomey,im Fact may be given full power and authority as oudined in the Power of Attorney for and to the name of and on behalf of the Company to execute, acknowledge and deliver fidellry and surety bonds and other bands, consents; of surety, consents to malircatiom of surety contracts ar may be required in the ordinary course of business, all wrices and documents canceling or terminating die Company's liability thereunder, and any such hurrurnents so executed by auy such Attomey inTact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary. I The facsimile signatures of the officers and the seal of the Company shall be valid and bitting upon the Company in the execution, attestation and sealing of any tnstiument appointing an A oiney-imFam' I. Dawn Knight, Assisunt Secreury of Brinsh American Imurance Company, do hereby certify that the above and foregoing is a sue and correct copy of a Power s of Anomey executed by said Company, which is still in force and efrect; arid, furshetmore, the resolution of the Executive Committee of the Board of Directrim as set forth in the Power of Anomey, is now in force. [N WITNESS WHEREOF, I have hereunto sri my hand and affixed the seal of the corporation Btlt December 95 this day oft9^_ Dawn K light, earn tary i i ~JJ I • . j 1 J IMPORTANT NOTICE AVISO IMPORTANTE To obtain Information or make a complaint: Para obtener Informacion o pars, someter uns You may contact your agent. que}a: You may call British American Insurance Puede comunicarse con su a lent Company's toll-free telephone number for Information or to moke a complaint at Usted pueds Ilamor al iumafu de telefono gratis de British American Insurance Company's pare informaclon o pare someter uns, queja al 1-800.9844242 1.800.984.1242 You may also wilts to British American Insurance Company et; Usted tambien puede escribir a British American Insurance Company: P.O. Box 1590 Dallas, TX 75221.1590 P.O. Box 1590 Dallas, TX 75221.1590 OR OR ?F16 Travis,, Suite 300 Dallas, TX 76204.1488 3535 Travis, Suite 300 Deltas, TX 75204-1488 You may contact the Texas Department of Insuranco to obtain Information on companies, Puede comunlcarse con el Departarnento de coverages, rights or complaints at Seguros de Texas pars obtener Informacion scars de companies, coberturas, derechos o q: as al 1.800.262.3439 1-800.252.3439 You r.ay write the Texas Depatment of Insurance P.O. Box 149104 Poodle escribir al Departamento de Seguros de Austin, TX 78714.9104 Texas FAX N (5121475-1771 P.O, Box 149104 Austin, TX 78714.9104 PREMIUM OR CLAIM DISPUTES: FAX 0 (6121 475.1771 Should you have a dispute conceming your DISPUTAS SOBRE PRIMAS 0 RECLAMOSr • premium or about a claim you should contact the agent or the Company first, If a dispute is not SI tlene uns dispu;s concemlente a su prime o a resolved, you may contact the Taxes Department un reclamo, dabs comunlcarse con al agents o Is of Insurance. companie primero. Si no se resuelve Is dispute, puede entonces comunicarse con el departmento ATTACH THIS NOTICE. TO YOUR POLICY: ITDI). • This notice Is for Information only and does not UNA ESTE AVISO A SU POLIZA. • • become a part or condition of the attached document. Este avlao as solo pare proposlto de Informacion y t no se convierte an ports o condtion del documento adjunto. f • 1-19-1996 4:59{F4 FF01 AUSTIN BRIDGE ROAD 214 4068256 P.2 M1M MMMII'R7 . 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Phone R Phone R 3a Fax R Fax R 7 DAIESCRIPTtaM OF CflRAMSjL0CATIDRSNExrCt,($jS (CIAL ITEMS rcontlnuadl CCTV OF DEMON is anrare additiontl ioauod(a), AT MA, as the AL policy shows on the reverse site hwwf ae tespecia the roknncad coahut CITY OF DENTON is smart additional iasured(s) an the (IL policy shown on the revers side bumf to the • extent of Ibe covemp required and Daly to tho ninimm amonet required by contract, and only with rmpact to liability utskS out of work done or by or on behalf of the named unwed under such contract. i E 'd -W-Z99t3V 9 I 4 OOD8 3OO I tie N I i.Snd VOW WrJ00 9 %61-6 1 - 1 • i riYJ+JIP;SPZc.Skn!t'7~~iTk"~etF5 hai4h\C?4\lt.ll'2;ridiNY4fR~rr,a w•~ 1 oNCOCTOOO OO O f y Q) + r O o ° o s i G a i + O 00,000 r o H. t° 0aooaa~~p°°° i a _ _ ~ c 140 T1111(1 ~ `Q• Oa•yS:l}f'/7(i5l • JHN 03 '9b 0,3: i_Yl PROJECT NO. J CONTRACT N0. 1.2LL~ TNZ STATE OF TLXAS 3 COUNTY Or DENTON ~ s v~ 7E5 i. ~ Wheraas, hereafter referred to as "Owner," whore business address is o ► • io'5913 IZ G;! 01~ ~ . ~ ' 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 pro"rtY and such development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter ro arr&d to as "City"; and whereas, as a condition to the beginning of construction of said developmenb, a developsent contract is required to ensure that all strests, water and sewer lines, drainage facilitioc and other r improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with • the city0s sper:lioationr, standards and ordinances; and ~soleet applicable provision as follows) L~ Whereas, the owner elects to construct the Iteprovaments • 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 JkN 09 '96 33!:4PM HORNS FACFEPTIFS MC 19 [ whereas, the owner elects to make such Improvements hereafter !-I su I L a 2E A12 I 0 set lorCri by contracting with W o , whose business address is ►fiF ~U' ~ AAILLO hereafter l refarred to as "Contraotor"I and whereas, owner and Contractor recagnite that the City has an interest in ensuring that the Improvements subject to this { agres>sent, 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 91I ZSSZTH 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 O W lep of ayJTC~J 28$ 9V~~~ RD. ~Vcp the owner, Contractor and city, in consideration of their mutual promises and oavsnants contained herein, agree as follows: L, Contractor agrees as follows: (e) To construct end install the • Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the City's Standard as amended, and all addendum: thereto, and all other regulations, ordinances or ■peoifications applicable to such Improvements, such PAGE 2 1 • • J4-1 08 D3:'.4RM HORNE ^lWPERTIES IIC speoifiaationa, standards, requlations and ordinances being expressly incorporated herein by referenca and being made ■ part of the agreement as hough written herein. (b► grime, That all work an the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineee 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 angineer or him representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applioable thereto. Any ,jork dons 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, 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 Snginear 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 Isprovementu, pAGS 3 i. a • • JaV or '96 031. 14PI HORNE PRCFERTIES INC F•6,19 (a) JJ1MOMS4 To provide for insurance in accordance with i the insurance requirements applicable to contractors as provided ~natiot~ for for in Item 1.26 of Division I of the North Ventral Tplloa, as smended, the provisions of which are expressly incorporated herein by reference; provided, hcwewr, for purpose of this provision only, "owner," as used therein, shall soon the City of Benton. (d) URA, That the means and methods of construction shall be such as contractor may chooael 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 Bnginasr, assure that the improvements wore constructed in accordance with City specifications. owner and Contractor mutually agree as follawsi (a) ~rtnr~anCe Bcndss ~saor~aOLOR X, That if building permits are to be issued for the development prior to completion and acceptance of all improvements that arm to be dedicated to the publio, the following security requirements shall applyr unless the • development is a "one lot development," as defined by city's Development cods; (i) a partoraance bond in an amount not less than the amount necessary to completth shad be submitted guaranteed by the city ear, • guaranteeing the iu11 and faithful completion of • • the Improvements mating the specifications of the City, shall be i~ _ for of City* tol do executed by surety business in the State of Texas; or, t, FAGS 4 • I I JAN ~l8 'yt 33::`PM HORNE ^RGFEPTIES IAN- I I 4 (ii) if the cost of completing that Improvements, at the 1 dice building permits are requested, is in an amount of $50,OOO or less, as determined by the city Engineer, cash ~~~nt n he amount necessthe as determined by to complete the II Y be deposited with a bank as city urruant to an escrow agreement escrow agent? P without ansurIng completion of the Impravasants, exception, the city's escrow agreement ;form shall { be used. •aa ,ra[►tS1 [ F~1~t• That prior to ' (b~ acceptance Of the Improvements' {i) a payment bond will be furnished i ( an amco t t"Ot hat less than one hundred pnished approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the nmd pr shall t$r shall be in favor of the City, Abe executed by an approved surety company authori to do nosiness in the State of Texas1 or, (ii) if the total contrsot amount of all Improvements is 440,000 or less, as determined regard .heal City the Engineer, or the isprovejen~ts# contract amount, are fore one lot development and ,a an defined by city's Development code, payment bond has not been submitted in acc ly dance 4 with (i) above, pwnar and Contractor agree and guarantee that any and all debts due to any persrson, firm or corporation having furnished material or both in the construction of the Improisnsents shall be fully paid and sates City ` the City before acceptance of the improvements by 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 w},th the construction of the Improvements Nive 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 subcontractors whoperforsedlabor lon, or a supplied PACE S 0 i • • w . JAN 0-3 'UU 33: __PM H:AiE ~q',F'ERTIES 13.- r,u.ly material tor, the oonstruation of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have keen paid in full. (c) . (This provision tat applies Riltihimust only where the Owner and Contractor are not he came 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 attar final approval or acceptance of the improvements by the City. The owner shall thereafter pay the contractor the rstainage, only otter 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) XaQuatumM, That upon completion and approval or acceptance of the improvements of the City, the Improvements shall beaMW the property of the City free and clear of all liens, plains, charges or encumbrances of any kind. It, after acceptance of the Improvements, any claim, lien, charge or encumbrance is roads, 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, PAOi 7771 • • JAV 09 'SE a3l1EPM HDRNE =FCFERTIE5 III; ~r lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbsanoe. (e) Bond. Ma Intanance. That prior to approval or acceptance of the improvements by the City, to furnish a maintenance bond in fors and substance acceptable to the City, in the amount of tan percent (10%) of the contract amount of the Improvements, insuring the raysir and replacmaent 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 on approved surety company authorized to do business in the State of Texas. To indemnify, defend and save (f) ?„pdtKUtlULIn' harmless, the city, its officers, agents and employees from all s suits, actions or claims of any character, name and description brought for or ca account of any injuries or damages received as sustained by any person, parsons or property on account of the operations of the Contractor, his agents, employees or subcontractorsl or on account of any neyligent sot of fault of the Contractor, his agents, amployeas or subcontractors in construction of the improvements; and shall pay any judgment, with costa, which m i may be obtained against the City growing out of such injury or damage. e ,•,,..rrei ins, That the provision of this agreement shall control over any coatlictiroq provision of any contract between the owner and Contractor &s to the construction of the Improvesants. PADS 7 _ , +a 0 1 low .ice 1 i i ~ r i 1 ~npUwr~ ~ doe' EwmNO R 1'2YW W N I'31'2f tY H 1'34'71' W 2n,1 U44HOLE AT 15* !2.024 4,0.91 ~R UM COLT) 1 4 ,y+y S 11400, E b ~ `+K TAPPMlO 1a, vriLm EASe HT 2M,40' MirtFtIrLO DMLLOOPEAS COST I - d 4y BEHD a' 'WATER UNE 41! riEpD ,p - Jr 4Y BEryD ,p r nA (e J 444% SIDEWALK I 1 - 6. 1'! riE+D- 1r b ~ 00 / - r VANE r*c ►1mp" 41 4 • WIDE ^ 1 SIDEWALK ~i t4' LMUTY EASf.YF1{1-7} n' SEE DETAIL I SEE DETAIL 02 n~ ON N OVAX SHM 2 4 ye /~yblP,/ K~~~\ \ S ~ ~ Ok SHEET 1 DN SHEET I 16, UT0..Tr FASEVEWT S IOWCF E +eA - E~f6+(1 TEE/ CURB AAUP 113.94- h, MS ytr \ / / CURB RAMP OOARUGATTO SEE DETAIL 03 UVAL P1P£ \ I/ '11AI a' WATER UVE SEES ON SHEET I 011E DETAIL ~ WATER UW 4r - - / An erus tr WATER UNE ~ ---~~M! ll.Ml SHEET I ON rt . ' CONCRETE DRIVE ARCHIITECT 1 Rfkift)RCED 1~ 03 EXF. DAM 28 FM +A REIN. STEEL I O.C.S.W. t (K OWNER, NOT IN CONMACT) C w g 11 W ~ ■ I ■ 1 11'J - 1 V 1 ~ 1 ■ La y - - r~ 71 r"la ~ i u r L N• 1 S 1%34%CP E Ad s r I _r Y y+.s J ~e i It ~ ,  3. All FUTURE SANrTARY SEWER IMSSIM05 ARE TO S 1137043rE 35w9' COWORM TO DETAIL 01 AND OR 03 ON SHEET 2. i ~o LAN PUBLIC IMPROVEMENTS (D2 SCALE SCALE; 1" = 40'-0" V Z Q > x U Q i m V? PQW<XOAED DPA &ION JONT If WN. Y k". Wl RJCC SHALAW GOONSM YY 20' OA (L yr ,ca+o TM oe~. 7. 47 F de or^ N RAISED ISLAND IN J i OF DRI MIN.T24' COVER E SELECT FILL 6K6X6 W.WM OVER PIPE AS SlEaFMV DY ENGINEER _4' 'NICK CONC ENDVALL/WAnVALL S' TMCK REINF. i \ RIK W/ 6I(6K6 VIVO( CONC, DRIVE STANDARD D , $R"P MOM F"SW FLOVLINE CURS TYP. / ; , MAP. TO ` OF'E ELEVATION I , iYP. FLpVU,~ O Y2 ELrvATmN aC ~OOb P01 OONCsD1~ 606.31 4' QMWIED T P S" CLSION - ` f +I, .fly _ ~~y i i I •I 1 I I _i ) I NUR. Of FOR-*40I t Y ` DRAWN PD atarcx"D >NNW RAMS DETAIL CULVERT DETAIL SIDEWALK ..DETAIL OAT[ L , ~~M M M 02 0 04 N,T,S. SC SCALEtI 1" , = 10'.-Ow 30 '0 rRwcaT NuvlmFt . mwm~ 1 I 1 S i 1 e . • JAM 09 '96 33:!LP1 HJ''P_ F~kili5 1f U_ r ! i7 6 t owner further agrsee as followsi (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 thsrsoi will pay the city l3,ooo.co as liquidated damagss, 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 t development," as defined by Cityfs 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 oonpieted and accepted in accordance with this contract. 4, ~Qy ri■ er_ city, That, upon proper completion of the Improvements in accordance with this agreement, the City a7rees to accept the Improvements. If, go and aovarl-inq The parties herein agree that this contract shall bs enforceable in Denton County, Texas, and If Ugal • action i■ nscesr&vy in connection therewith, exclusive venue .hall • • 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 Y { ~,...,.........t. c.w logo 0 r i ' .f NM J7 ~1~~ 1-FN1 M,1ti'tvt rh,..rtr+i At'~ ilVl r, i,%lv t;. This contract Mull be binding upon and inure to the benetit of the parties nflt%to, their respective Iruoosraora and assigns. Y~ _ I_ ~Y 19„iSF+ Zxecuted in triplicate this.4W da of " own COAUACTOII ~ ~ Cori{IU I„c By I i Syl ' ~'rC:: r ~,,.I ski" {~f. a•y .SP ~UIIUtI..C. 1~.t 6Tdk(,T CITY Ox' plR1'OM r TMI M CITY 3m ATTSSTt MALI , CITY 81CR1X1'ARY AppROVYO N To LWM 1'ORMt HERBERT L. PROUTY, CITY ATTORNEY by I • • M ~0 r J pAdt , Y~ ! 1124/96 Hi~IT A City of Denton Development Contract/Bond Requirements Lowe's of Denton ' Water lines In easements Wri ht Const. 101,488.40 u Sewer lines in easements Wight Const. 2,106,00 Storm drain lines (33" In Spencer R.O.W.) Wright Con at: 39,016.00 Approaches In Loop 268 2Q of•way Western Builders 9,000.00 NJS sidewalk on west edge of arkln lot WaHem 3uildaro 8,650,00 Pavia at Lao 288 Ja oe-Public 22,932.00 Cement stsbfl" lon at Loop 288 M, Hanna Const, 5,687.00 Paving at Spencer Road Jagoe•Publlc 20,838.00 Total for Development Contract/Bonds; $2100271.40 y .i 1 r a w #H • • JHA Uy `:c AA71p19D8 I~ PROJECT NO. COWMCT No - PEAPOANMCE BOND BOND NO. BNS 145 25 24 THE 8TATE OIR TEXAS i KNOW !!EN by THESE r1=zNT81 COVNTy 07 Dm='( 9 That WESTERN BUILDERS OF AMARILLO, INC. PO BOX 15368, AMARILLO, TEXAS 79105-5368 of POTTER County, Texas, hereinafter called Principal and FIREMLN'S INSURAIICE COMPANY OF NEWARK NEW JERSEY a Corporat on organised under the lays o! the etata of DELAW _ kit, to and authorised to do business in thaState ~o rhex Gity of Denton called "surety", are held and firmly bound y hereinafter ca led "City" inothaipanel sus of ton HUN RED k THOUSAN60 TWO HUNDRED SEVENTY-ONE & 40/100------------ 271.40-------- Dollard, lawful money 9f ~ad a xs bind s ourorlvthe, & heirs, which sins well and truly to bsis and our executors, administratorso suaaasaors, jointly y, and firmly by those p < THIS condition of this obligation is such that) WHEREAS, the principal entered into A certain contract with owner, dated 4~Tthe day of ~ARY 39 a ~j in the proper Performance !hthd o attached Hind emade has an part intarut, a copy y of Mhch is heret ' • hereof, for the construction oft PUBLIC IMPROVEMENTS (le: STREETS SIDEWALKS, UTILITIES, DRAINAGE • • • NOW TI{ERItloAS, it the Principal chaff well, truly, and faithluliy cause to be performed and fulfilled all of the unaortakings, covenants, tame, conditions, and agreements of said I contract in accordance with the Plane, spaoi1 cat~ina sanand ycontract Docusents during the original tars thereof, thoreot which May be granted, with or without notice to the surety, PAGE ONE • A4 08 'Gb 33:'jM1 HJRNE rRIr=ERfILS LNL BOND NO. 8N5 145 25 24 ■nd during the lira of any guaranty required under the ccntx'act, and shall also gall pnd truly cause to be performed and fulfilled all the covenants, terms and conditions and agraesents of any and all authorised modifications of said contract that say hereafter bomade, notiou of which modifications to the surety being hereby wairtedl than this obligation shall be voids otherwise to remain in ful.L force And effect. onton any legal motion be tiled on this ,PvOVIDZD, further, that by MD, that said Surety, for value received, hereby stipulates and agrees that no change, extenoton of time, alteration or addition to the terms of the contrs or to the performs med thereunder, or the Plans, Specifications# Drawings, yinq the same stall in anywise affect its obligation on this bond, and it door hereby waive notice of any such change, addtion to the urAor.terms of the extension, or toithe work alteration to IN NITNIS S M•3LAEOT, this instrument is executed in triplicate, each one of which snail be doomed an original, this the 24TH day of _ JANUARY 19 96 PRINCIP" SVRM WESTERN BUILDERS OF AMARILLO, INC._ FIRKMKtr'c rNCiJRA~F CbMy PANY_ bF NEWARK, NEW JERSEY / Sy1 Syr -IN-P ED A. FANCHER I R ASURER 11TTE#ETI s ' MOTEI poo VA OF BTTORN PRIOR or svR RR E1'Y ugh TTACHitD. D&Tz or Son KUST NOT i I PAGE T" 1]i f" i . i Firemen's Insurance Company of Newark, New Jersey i GENERAL POWER OF ATTORNEY Know all men by these PresentSr That the FIREMEN'S INSURANCE COMPANY Ot NEWARK, NEW IERSLY has made, constituted and appointed, and by Iliese {resents does make, constitute and appoint Ed A. Panther of Amarillo, iexea its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, underlakings and contracts of suretyship to be given to All ablipees provided that no bond or underlaking or contract of suretyship executed under this authoriryshall exceed in amount the sum of Six Million 16,000,0001 Oullers This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopld by the Board of Direcion of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meeting duly called and held on the l31h day of January, 1989; Wi of the 'RtSO1VED, Mw UIt C11ek+rs+n d the Boxed, Mx Vice ClWrmen d the 6oord, Mte Preriderst, as lxecuElre Vke PresldeM «e senior Vk* o Pe « t Via Nesidem leartar MtxMlfsuni CompnM,be,xdthxeach«xrydMorn Ixrebyh+utlsaitedtonsecsAe PoMeI+dA11dr1eYW YEnb «Aet'nx^~h 6uknFOver dAt r fIRFAAENiINSIIRANC[[CV.1RWYOF NEWARK.NEW IERUy, borxh,~ aN codraRSdwetyshlp;+ndgW+n+l thehevice htW~rmof, t A Settetan' «m HrfsuM Sernlry an1 Mul ewtl «xry d them lseeeAy' k, wtlwrutd M>tltfll Mse e>u~Hrxr d xry rods Pwc« d Anamey, xrd b ettadi dl teto the teal of the C«npxy. FV0.fHER RtSplVFO, Nstl Mle srtnxuresdwch oMa+s xd Mse retldMK Conrpw/mW~eMked b+Iry rods PowerdA hecwwaa EOM Mt*n w~Fd Intthefowt laaimtle, and xtysuch Powered Anornrl'«coEMuletr+rk~wdl f.c~Mltie sipwvn«IaaM+Ik se+IsNdExreRd end bhtdh+R~pon wNh respM fo xrv 6asd, stldeAaklrl{ « c«nrxd d sw ro wfikh R b ettxfsed " In Witness Whereof, fhe FIRFIvfEN'S INSURANCE COMNWY OF NEWARK, NEW IE LSEY has caused its offkial seal to be hereunto affixed, and these presents to be signed by one of its VR a Pros ck nls and attested by one of Rs Asstslant Vice PresiclenIs this 6 day of My 19 94 FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY Attest; BY 0) C--~~L 6 . AdiliAa.'i D.L Um, AsihUM Vxe ho WrA Erna B, Askew, Vice Ff", l STATE OF CONNECTICUT } COUNTY OF HARTFOK Kay On ibis 6 day of tray , 19 1 , beftxe me personally came Emil B. Askew, to me known, who being by me duly sworn, did of the saki cotpot~Wn,IhaAhe eNEW alaffixd corpofation instrument Isn In such eand wh k} esay that he is a xecutd the above ntrume nihlhat he knows the INSURANCE i coryMale seal; that it was so affixed by coder of the Board of Directors of said corporation and That he signed his name thereto by like order. o u~ r~' IlO URY~ ' -,I /~//J ~'o/~/~j) _ ' cEKKtl~°v'eveucs i CERTIFICATE My C«mmhsion [xpkes A4x<h 11 199) ~ i I, the undersigned . n Assistant Vice President of the FIREMEN'S INSURANCE CONIPANY OF NEWARK, NEW 11 RSEY, r New Jersey 1 on of the Board ttof Dhecclots, set InEth in he said Power of Altumey,lIsilFoforce w Inaforceas not been revoked; and f i~ rth noenmof that the HIRFEIY (,ER Signed and sealed at the town of Larminglon, the Slate of Connecticut. Bated the 24TH da of JANUARY 1996 I o I, AnkUd Vice ftelIdnMy m e Rimed in U ~.A 21 tH)ND 43151 . • i I I r. i4 i7 . ,_5PN 09 196 Nat 16PM hr)R"ft ANF'LF', ltS ifw. )1J1l►019Dr pIWJECT N0. i CONMCT NO. PAYNle T DOND BOND NO. BNS 145 25 _24 $TATE Or TEXAS S COUNTY O! `,ENTON S f THAT WESTERN BUILDERS F AMAR] PO BOX 15368, AMARILLO, TX 79105-5368 POTTER county, Taxes, hereinafter called principal and t of FIREMEN'S INSURANCE COMPANY OF NEWARK NEW JERSEY orat on organs=rd under the lase of the State Of DELAWARE a Corp in the State 10 the State 0 and authorized to tar ohbusi and a called firmly bound unto the M~ty olaGentoer Texas, a Nurlicipal corporationiin all"tper~ c^~ t Texas, tires and hereinafter called "City , and unto corporations who may furnish saterials for or perfora labor upon Ucturga attached con~raotpin the panel sat N of TW tHUNORED TrsdH Uo in the - HUNDRED SEVENTY-ONE & 40!100-------------- (~2 0,271,40-- - - Dollars, lawful money of the United States, to be paid in Denton, Denton County, Texas, for As payment of which and trul , our executars,xadministr tors,oand socke we ntlyyond severally. 7AE condition of this Obligation to auoh thatt • NHERSAaf the Principal entered into a certain contract with Owner, dated the 24TH day of JANUARY r 19 96 , in the Texas, has an proper ~serler>tanoe o~ahiah the Y o s n on, interests a copy of which is hereto attached and sods a part hereof, for the construction oft • PUBLIC IMPROVEMENTS (1e; STREETS, SIDEWALKS, UTILITIES, DRAINAGE • • PAGN ON14 O ONE f7GFf:RTlEb !fi- . ..,AN til6 196 .33: 18PM H; Rv_ BOND NO. BN5 145 25 24 140140 TH1SAtlOAt+ it the Principal shall well, truly. al'4 faithfully cause to be performed its d ties ndsmake or, csuba Contractor to make prompt payment to 1 i labor and contractors, corporations and claimants supp Y n4 material in the prosecution of tht.le+owork PvGsidsoda for of said fication contract and any and all duly Contract that may hereafter be made, notice bohen chisodification of the surety is hereby expressly waived, action be filed upon this f bond, Provided funrther, Otherwise hat it any remain in full force and venue aha11 lie in Denton County, Texas' stipulates and AND THAT said Surety for value rsosived hereby ation or agrees that no change, extension the wmork performed thereunder,1 or the torms of t cifications, Drawings, etc„ uccoaWlying the seem the Plan Planar ape such i change, extension of ttimep aueby i waive i notice affect its obligation alteration rsunderhe terns of the Contract, or to the work to be noCSted ths IN WITMISS. WKWO70 this instrument is executed in milli oadoy osch one of which shall be eatsed an original, this the of JANUARY, 19 96 ' SIMI1'Y p1tINQIPAL WESTERN CJILDERS OF AMARILLO, INC. NEWARK, NEW JERSEY 8Yt 47 -?RE R R~ DY j. )I.VACT A. FANCNER a s ATTt9Tf _I ~U ~LUC~S1 ~rY~~9 ! NoT`s DATE OT PAYNINT BOND KUST NOT It PRIOR TO OAT! Or CONTRACT. • • • i PAOi TWO . _t 0 b 0 firemen's Insurance Company of Newark, New Jersey GENERAL POWER OF ATTORNEY Know all men by these Preseotsy That the FIREMEN'S INSURANNCF. COMPANY OF NEWARK, N@W IERSEY has made, constituted and appointed, and by these presents does make, constitute and appoint i Ed A. rancher of Marl Ito, Texas its true and lawful attorney, for It and In its name, place, and stead Io execute on behalf of the said Company, as surety, bonds, undertakings and confrads of suretyship to be given to All. Obligees paavided that no bond or undertaking or contract of suretyship executed under this authorityshall exceed in amount the sum of Six Milli on (6,000,000) Dollars This Powerof Attorney is granted and is signed and sealed by facsimile under z nd by the aulhoi lty of the fol lowing Resolution adopted by The Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NE W I ERSEY at a meeting duly called and held on the 131h day of January, 1989: MSOWED, That the Clnlrn" of ire fiord, the Vice Chafmas of the seam, the Resldero, an Eaecuim Vice Pressders or a Senior Vice Prendem co a Yke Rnfdea of the Cornparry,be,and dWeadsa mWof them hereby Is. autlaritedio exeMe Pbwan dMraney grWiyaif the+Kaney named in theiii Power of Anormyto aecue!n b"fof he 1`11i INSURANCE COMMNYOF NEWARK, NEW IERSEY, borsds, LwdwukkW and off contr+cts dsureryrhtp; and that nnioatvV~rothexixrd l Swetary wwAskia i atutch SernNxy be, and Hut each a arty of them ft r k, authorized to meat the execuWl of any Wch Power of Attomey, srW in Co"y FURTHER RESOEVED, Hat the sigh , ~ xes of stx:h o&an and the seal or the company may be shirr$ to art vx:h y MFd ota arty or to any cemifxale relwing thereto by far M 'ands uxb Powxr ofMlomey..roeAlftate bearve stsdsfaaienkswWUret or facslrnik Ashag I, sIf, Canyuny wt nsoaffixed wd im the kwe with respect to any bard, widetu" or conbacl of kvmy%Np to which x is attadred,11 In Witness Whereof, the Fl REMEN'S I NSU RANCE COM PANY OF N EWARK, N EW ; ERSEY has caused its official seal to be hereunto affixed, and Ihme p resents to be signed by one of its Vice Presidents and attested by one of Rs Assistant Vice Presidents this 6 day of may 19 91 FIREMEN'S INSURA. ;E COMPANY OF NEWARK, NEW JERSEY Attest; h XA~(-4~ 0) 6 . D,l. 11m a, Axktant Vx a PreYdertl Erna B. Askew, We Presldem STATE OF CONNECTICUT COl1NTY OF HARTFORD 1? M On this 6 day of May 19 1 , before me p>emnally came Emil B. Askew, to me known, who being by me duly sworn, did depose and say that he is a Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW I ERSEY, the corporation described ` in and which executed (heabove Instrument; that he knows the se.alof The saldcorporation; that the seal affxedto the naldinstrument is such rorpor*-, seal; that It was so affixed by order of the Board of Directors of said corporation and Thal he signed his name thereto by like order. 0*1~ GLORIA U. Sf EK/tN5 NOTARY R/aIIC ` My Can.ris+lun Crnkea A4arth 31, 1997 CERTIFICATE 1, the undersigned, an Assistant Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New Jersey corimi,iBon, DO HEREBY CERTIFY tbat the foregoing and attached Power of Attorney remains in full force and has ant been revoked; and furthermore that the Resoluilon of the Board of Directors, set forth in the said Powm of Attorney, is now in lorce. Sighted and sealed at the town of Farmington, the Slate of Connecticut, Dated the 24TH da of JANUARY ,1996 . O I' ,AsriNrsl VkeRnt&*a 21 BOND 4315E Printed In U.SA. i • JW 08 '9b 03:1 Wti FK)RNL PROPER FILi 1f K: AAA019DF iF PROCECT NO. CONTRACT N04 p COVMCTOR10 MAIMEWCE BOND (Drama m CONTRACT) BOND NO, BNS 145 25 24 THE STAT! OF TEXAS 117i0N ALL )SB<7 BY TliL'8E PR=88NT81 COL*m or DEMN I , That WESTERN BUILDERS OF AMARILLO, INC. PO BOX 15368, AMARILLO, TX 79105-5368 of POTTER county, Taxes, hereinafl.: called Principal and FIREMcN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY a corporation organized under the laws of the State of DELIWARE and authorised to do business in the State of Tons, has ain; ei called 'Surety", are hold and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton count Texas, hereinafter called 'City" in the penal sum of WENTY-ONE TH AND, TWNTY-SEVEN & 14/100----• 1121,027.14 * I Dollars, lawful stoney of the United States, the amid sum be nq ton percent (104) of the total aaouut of the hereinafter mentioned contraot, for the payment of which sum well and truly to be made we • bind ourselves, our hairs, executors, administrators, and successors, jointly and severally. THE Condition of this Obligation in such thatt W1tB UBF the Principal entered into a certain contract with Owner, dated the 24TH day of JANUARY , L9, 6 , in the • proper performanco7hich the CRy at Tetcae, ham an interest, a copy of which is hereto attached and made a part hereof, • • for the construction aft PUBLIC IMPROVEMENTS (1e; $REET„,S, SIDEW_ A K~5 UIILji1E$- nBA1N11GE~_ _ PALL ONE e e JHV YJo :O rw7•a~Pi9 fx'n"L fnN'LnILJ liw BOND NO. 3N5 145 25 24 Principal shall well, truly, and HKM, TH1~0RZ if the good repair the work contraotod to faithfully maintain and Xeep in .riod of one (1) year from the dots of be done and performed tors p acceptance in writing by the City of Denton andggrrdo all necessary of or ffamea owin out but not aria of conditions worIc inaludinq, androm the of improper e wok i arising f settling, breaking, cracking or other defective limited to, any thereof arising from improper condition of any of the work c ~r ■ny ,,*-,her cause or condition, excavation, backf iilinq, cospat riots of this bond, which known or unknown, at any time during the P+ the city anginaer, whose judgment shall be final t and conclusive, determines to be the result of defective work, than this obligation shall be void, otherwise to remain in full force and affect, in case tA4 defective ocondi ionl of itheo ropai-r or heo itt any do said work and supply heroin, , it is agreed that the City say materials as necessary and charge the sum against the said Principal and Aurety on this obligation. that this obltint ition shall b• continued is turther a ssd the ana against the principal and surety and successive raaovsrie• conditions have erein may be had hereon for succ%~ssivs bro&chaa of the this pond shall provided until the full mount of Rtion to exhaust■d, and it is furths, understood that the obliq maintain said work shall continua threoughoout sahd~ mai tenance period, and the same shall not be chanqd wanner affected from any otusn during said time, 1+x,moto, further, that it any legal action be filed on this fowl, v,-)rao shall lie in DsntoO County. , SN u1TNXA11 MR&CF, this iltstrument is executed in triplicate, eac.it one of viii-oh shall be dewed an original, this the 24TH- day e of ,11 NUM 19 96 _ P14XkiCI PAS. SURETY F nR N'S INS RANCE CO N OF NEWARK, W}.CEERN BUILDERS OF AMARILLO lNC• NEW JERSEY WR 8Yt ED A, FCHER L1Y ~ ~ PAGZ R'il'l) ,.,u .~taht k78 '9ki E^3~ 1`~f'"~ hq h11L I''Q~f-4JcTlEo 11 t. r..a. i~ BOND No. B7S 145 25 24 NOM POWER OF ATTORNSy OF BUMy MUST BE ATTACHFO, DATE OF BOND KUST NOT BE PRIOR TO DATE OF CONTRACT. AVEST6 ~O1~11(1nc,~ r1~J,~ • i PAGE THR" i 1 • ( Firemen's Insurance Company of Newark, New Jersey GENERAL POWER OF ATTORNEY Know a I I men by these PreSentSr That the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has made, constituted and appointed, and by these presents does make, constitute and appoint i Ed A. FTrIMer of Aranriho, Texas Its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to Alt obtfyees provided that no bond or undertaking or contract of suretyship executed under this authority.shall exceed in amount the sum of Six Rllblon (6,000,000) Dollars This Power o(Atiomey is granted and is signed and sealed by facsimile under and by [he authority of the following Resolution adopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meeting duty called and held on the 13th day of January, 1989: '7tESOWD, dun dw C hakman of the Road, The We ChWnrt of dse ism d, dse NeW&A, an Executive Nee NesldeIt or a SefJaYxt Pro a a Vice PhesiderM o (de Coro", bt, an death warty ddam Iheeelyk, atMsaued to txeaMe tbweesdMOnhry arnlilylndheatlan+ey rhanhed NM+ed~~en+P„~dManeytvexemo Int>eWofthe nREMEMS INSIRW~CE COMPANY OF NEWARK, NEW IFRSEY, bonds, axhdwul'1'W ad A conTncL dataeey.hih: andlhaT W bsitlaaM Na heslderlC a Sem4ry or w AWsurd Seaetary be, and dhr each or wry of drcm iweby is, audrodtod lo Ases1 dw earcvilon of a,sy we h power of Manly, rend to xuds d welo du seal of the CotrVm. FURTHER RESOLVED, dw thn sipww" d wch olfkm ad dw seal of de Con"W ow be aRixed b any eucfs r "w of Money or to any cenAme reWing Thereto by rars)mk, rd am w6 Pn o(Maneyor cenifxste bearling vxhUWmle aynruresa WskaMk wal" be valid and birhdal upm dx Company when w affaed rw M the more MOO respect to any bond, ulhdnu4irili or comma of surer b which A k rud,od" In Witness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice PreWents this 6 day of wy 19 91 FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY Attest: By F D.L Rana, AssknM We PfrAdeM Fassd 6, Askew, Yre PeeYdenl Sl'AFE OF CONNECTICUT j COUNTY OF HARTFORD 17 On this 6 day of May 191, t -fore me personally come Emil 9, Askew, to me krx wn, who Iwing by me dpdy sworn, did depose and say that he is a Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NE'NJERSEY, the corporation described • In and which executed the above instrument; that he knows the seal of the said --.'ooratfon; that the seal affixed to the said instrument is such corporate seal; that It was so affixed by order of the Board of Director of said corer. -ation and that he signed his name thereto by like o(der. rY" ° 'Efr `~'NPSAAY"~ G(N(O)TARY PUBxK • CERTIFICATE My Commisaw fjoes Mwis a 1, 199d 1, doe undersil;ned, ao Assistant Vice Presideo of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New Jersey corporation, DO HEREBY CERTIFY lhal the foregoing and attached Power of Attorney remains In full force and has not been revoked; a id funhermo!e that the Resolution of the Board of Directors, set fonll In the said Prover of Attorney, Is now in force. Signed and sealed at the lawn of Farmington, the State o(( onnecticut. Dated the 24TH da of JANUARY 19 96. r yw/f~y(,,c . e . ~ I. trse, AuktrM Yxr PresiJtM Printed M U.SA It n/1!,ft RHCI R • 1 i Q9W%XATE Of W MAKE 5/24/1.996 TIM CftlTt1W.ATF IS 111% AB A AUITi'(RI OF RRFON1r►flON QN&Y AM PIA InAuraaCe Ag*MCy, IMC. GOES NOT AMINO, LT R1 OR ALTER TMCIsW M 14117MOtAl P 0 box 2169 006IC166 roar. Amarillo, TX 79189 COMPANIES AFIFOFWINCi COWRM3E (306)174.4691 Yax1600 374-2873 Amo A ' CNA OMPAN1tQ / Perna LOW", 9 ROYAL StrAPLU9 LINES rm" WESTRRN SUILDIRS OF C TX 4tOR7tISRe l INS, FtRID ~~H 1 1'N I\ 4U,lt AMARILLO, TNC. ,1, ~t) w,llMi\ c P. 0. BOx 15368 'A" 0 MOAC- MAR7NP. OFPICS OF AM2T;RICA AMARILLO, TX 79105 JAN ~ AlItO THs n 10 crAiuY INAI 1i':.. ..4 rLLCiLS a eN9.INArICE UST!) BiLOw „AYE SEEN rSSLFO t0 INI l"Sl,4ED NALr0 nRJY i, N}; ..M! ►OUCY 7F%CO . FNWATW. NVTWTNVANOOIO ANY RFOXIFWNT, TIFTIN OR CoNio 10N o, ANY CONINACI CM OT>•ER 7000VbN ",Tw RLSKCT IO VmiCN rpos CrMTN'ICAIL MAY Or M000 CA VAY PCRTARI, IMF lkkPMC6 Ar e"D W THE POLIC*.S IktC19ACD -MIN IS SVOJEC7 f0 ,yt 1+1 TERNS, EACL4104I ANO CONDITIONS 0' SLCN POLOL+ LIMI19 SI CNN MAY NAYS ■IN Ril lN.IO M PAM CLAA4 e. rm OF MI/UMp 101St ovem MTf POST NMOTION uwv A NNMAA IIAAIITY C04,K &"NUTS 1 7, 000, 000 X QA*OONa Od1,M l1MIL11" coo NlflN411 alooIAMrA ra'Aw 1 1,00^,000 Q.pmwa X xnn 11/01/95 11/01/96 %.eDVLLAD PAM 11,~U0,000 amore L o0NMACI01re PACT uAO oAvamplo. I 1 " 000 r 000 wo IF (k,w vnmii 5,0A0 Aur• Fwpm M DIrOE r 1,000,009 A X Nn Kno CL► Ow IS" qWT 'r.Anrc / ALL ov+n All" 11/01/95 11/01/96 Ill Iw P«Nn AtnLUU.cu wld 1 X "RDA" omrIMAM X NON *w" 41m. (hp i A wn G*M uFRLNY s+al waxen t10, 000, 000 !s X wrPaUrIw "MR alms 11/01/95 11/O1/96AC~1, +10,000,000 OW TNMI LMMIA rCW VAIVKA. LOOM tAPRMi OOM'aMATglI [Ap, A: fJ►NI a gQ D,000 L AR+1 raTa+wa 11/01/93 11/01/91 )0tw •ro n'iYl , 500.00 rr11alve LIMA" rtws • PACNBPLU1i L 500,00 P NAILDIR9 RISK ME N 111 30 08101/95 08/ 01/ 96 NO REPORTING • DSUOCTI9LR 11000 RVILDI" 8 /R- LIMIT VARIEi P=061T, cnT1?1"TZ U PROJECT, OYYBI'CR SL QQRKhTRRIALS LIl1IT IOI 000 $ Okab PROP ON TOM GXADAL LIABILITY AND RUSIN &a AUTO AS • MCJlO ANY Of 1" AWM OWNRAn POUCIES A CNOPLFl1 W'OP! M1 r7aPiMT104 OATIF TNn woo " $WHO CO PAN' RIII P QtAVOA 10 ~ • „AI _U ILLYV WVIIE% hUIICC 10 lK (ANIOIUAR-IIOLVEA NMN.U IU "'L CITY 08 DMON, TXXAS LEFT BUT \AIWA! TO MAIL SJC- Nonce 844L WX31 40 OMJCATION CPO TTN1 DAVID 9AI.MON, SR, CIVIL ENOR UAAUTV OF A!r Mir CEYARMY Irs AamsORK tSEMATMb. 215 X, MCRS1fNtY 8TR>nT DiL1M TX 76201 _ ♦~Af~CIEN s . n.ir .f>~~~~.1 ~A~•>. ;tom Y1~.~~N:{uJ iti..~ f:rr „A;:4.';:San~i i'nY~: it t..~,~ •y~ ~h.,.... Of 0GOpp~~~ e d a 0 + O vo~o100 Q 004fl0~~~o~ 1 l i i i MOM I I I AAAOOD97 PROJECT NO, L! CONTRACT NO. _ THE STATE OF TEXAS $ DEVELOPMENT ONZ$A-QT COUNTY OF DENTON S Whereab, Lorrv Galvvrt _ hereafter referred to as "Owner," whose business addres'3 is P 0. Box 687, llo ii nn. 1 nvn 70.702 -0 is the owner of real proporty located in tho corpo a l.lwlL': „r the City of Denton, or its extraterritorial jurisd~.ction; 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 ac "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 facilitios and other improvements which are to be dedicated to the public, hereafter referred.to as "Improvements," are constructed in accordance with M ' the City's specifications, standards and ordinances; and (select applicable provision as follows] C~ Whereas, the owner elects to construct the Improvement.,; 0 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 l i ~ I • Whereas, the Owner elects to maxis ::uch rmprovementa hereniecr set forth by contracting with •r n n .:.r; 11 ui1 I- ~ ._Lnc • whose business address i,; o. Box 68, DenLon, Tcxas 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 Vought'a Addition, RcplaL of LoL 4R _ Norl.henst corner of Sycamore and lndusLrial StroOL,; 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 r Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the City's Standard y • Specifications for Public Works Construction. Ngrth Central Texas, • as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such d Ei PAGE 2 y. _ . c I I 1 I specifications, standards, regulations and ordinances being i expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) Authority of City Enaineerr Inspections Tests and Orders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace,, if so directed, rejected, unauthorized or condemned work • or materials, or to follow any other request or order of the City Engineer or his representative, the City Engineer shall notify the owner of such failure and may suspend inspections of such work q 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 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 Snecificat one or Public Works Construction, North re..UA '"_.._n~a_ , 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 oP Owner and Contractr. Owner and Contractor mutually agree as follows; (a) Performance Bonds Esc ow Agrnoment. That if building permits are to be issued for the development prior to completion and acceptance of all improvements that are to be dedicated to the public, the following security requirements shall apply, unless the development is a "one lot development," as defined by City's • Development Code: (i) a performance bond in an amount not less than the amount necessary to complete the Improvements, as determined by the City Engineer, shall be submitted guaranteeing the full and faithful completion of • • • the improvements meeting the specifications of the City, shall be in favor of the City, and shall be executed by a surety company authorized to do business in the State of Texas; or, PAGE 4 I s • (c) Insurance. To provide for insurance in accordance with i the insurance requirements applicable to contractors as provided for in Item 1.26 of Division I of the Standard Spa {fi a ions for py~lc 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 ~gnstruction. 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 Coven me of owner and Contractor. owner and Contractor mutually agree as follower (a) Per ormance Hondss Escrow Aareei,ent. That if building per,mlts are to be i8su9d 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 Codes t (i) a performance bond in an amount not less than the { amount necessary to complete the Improvements, as determined by the city engineer, shall be submitted • guaranteeing the full and faithful completion of • • the improvements meeting the specifications of the City, shall be in favor of the City, and shall be executed by a surety company authorized to do business in the State of Texas; or, PAGE 4 • (ii) if the cost of completing the Improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement ensuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. (b) Payment Bond., Assurance of Payment. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (100%) of the approximate total vast 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 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, 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. I That, upon the request of the City Engineer, owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or suppli`d PAGE 5 • 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 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 proport,y 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 1 Contractor shall upon notice by the City promptly cause such claim • lien, charge or encumbrance to be satisfied and released or ! • promptly post a bond with the City in the amount of such claim, PAGE 6 • lien, charge or encumbrance, in favor of the City, to ensure i payment of such claim, lien, charge or encumbrance. (e) Maintenance Bond. That prior to approval or acceptance of the Improvements by the city, to furnish a maintenance bond in form and substance acceptable to the City, in the amount of ten percent (104) of the contract amount of the Improvements, insuring the repair and replacement of all defects dug to faulty material and workmanship that appear within one year from the date of acceptance. The bond shall be in favor of the City bnd shall be executed by an approved surety company authorized to do business in the State of Texas. (f) Indemnification. To indemnify, defend and save harmless, the City, its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received as sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors; or on account of any negligent act of fault of the contractor, his agents, employees or subcontractors in construction of the improvements; and shall pay any judgment, with costs, which may be obtained against the City growing out of such injury or damage. • (g) Agreement Controlling. That the provision of this 0 • agreement shall control over any conflicting provision of any contract between the Owner and Contractor as to the construction of the Improvements. PAGE 7 ym • 1. 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 $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. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to • accept the Improvements. 5. Venue and Governing Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall • • C lie in Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court decisions of the state of Texas. PAGE 8 • i 1 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. A Executed in triplicate this, $ day of Fe-k 19~ OWNER CONTRACTOR J~A BY: T CITY OF DENTON, TEXAS BY: CITY A ER ATTEST: 1 ~ ENNI ER WALTERS, CI SEC ET APPROVED AS TO LEGAL FORM: HERBERT L4 PROUTY, CITY ATTORNEY BY: t a PAGE 9 k " _ _ ;.w. t/.,. JA ~~~`4'tlP1k1'Kjt`r~j a1d 4} ' 14 • • February 6, 1996 TIM BEATY Mr. Larry Calvert 1 1-_ Bell Avenue Warehouse P. O. Box 687 Denton, Texas 76202 RE: Sidewalk Dear Mr. Calvert: Tim Beaty Builders hereby proposes to furnish materials, labor and equipment to pour a new sidewalk, 85' long x 4' wide, along Sycamore street as per your request. The 3200 psi concrete will be 4" thick with expansionjoints every 40' and tooled joints every 4'. The work will be completed for the following bid price. BID PRICE $935,00 NOTE: Bid price includes sales tax, Job site will be kept clean and all debris will be hauled away from the job. Bid price may be revised or withdrawn if not accepted within 30 days. Any alteration from the above specifications which involves extra cost will be executed only upon written orders and will become an extra charge to the original bid price, All agreements, oral and written, are contingent upon strikes, accidents or delays beyond our control. Tim Beaty Builders carries a $1,000,000 General Liability and Worker's Compensation Insurance policy. I appreciate your confidence in Tim Beaty Buddcrs. If you have any questions regarding this bid, please give me a call. Please sign at the bottom where indicated to accept this bid. Sincerely, • i Jack Beaty ; I hereby acee a above bid to pour(wewilk along Sycamore street as per the • above bid ht the amount of $935,00 Date 4na P.O. BOX 68 DFNTON, TEXAS 76202 (817) 387.3275 I • NAI:1.11~11. CERTIFICATE OFI INSURANCE' `D~RO~I Mooucls, THIS d"TIFICATI 16 ISSUED AS A MATTER OF INFORMATION ONLY AND OONM3 NO RMHTS UPON THE OIRVFlOATI LiiCk, Tucker i znight in*. HOLDER. THSS CERTIFTCATB 0068 NOT AMINO, EXTEND OR P. 0. DoE( 516309 ALTER THE COVlRAOE AFFORDED BY THE POUCIES BELOW, Dallas Tz 73251 - C-OMPA ---NIb Af-FO---RDI-N-O --COVERA VIMA _ GE Joyce 1[olllnOlxorth, CIC CJ AHI A Great AM69104n Insures Oi 214- Imemo COMPANY e ro1NFAHS i ' Tile Duty DYild*rS, Inc. C P.O. Dal 66 Denton T! 76202 COMPANY D THIS 10 TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED MLOW HAVE BEEN 199UE0 TO THE INSURED NAMED ABOVE FOR TH9 POLICY PEFNOO INUICArLU, NO)WRHNIANUINU ANY IM.UWIILMLNT, ILIIM WIC:oNUIIX)NUI'ANY(:UNIIIA(11 III'01HI.11000UM(.NI WI1H UN14-C1 101AHICH IHIN CEATIFICATE MAY K ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDID aY THE POLICIES DISMISS) MOIN IS SU9,RCT TO ALL THE TERMS, EXCSLWONII AND CONDITIONS OF SUCH FOLICIES, LIMITS SHOWN MAY HAVE SEEN REDUCED SY PAID CLAIM9. 1 - TYK OF m"RANCE POUOY NUANaI POLICY GFFUTM POLICY IMI R/ OATI IMMMIA"I DATE M~MOD" KRMIAL UANIUTY .1FNFAA) Al1AAFOATF 1 1,000,000 A z coMMaclu aeNtAAL UA11uTr TCPS12613601 07/01/05 07/01/96 MODUC76• COMPAYP AGO 1 _ 600,000 C CLAIMO MADE 1 _w L 1 3 - 00- , 0 -0- 00- t _cmrtRAtt_oav ►RDr I I rEaoauulw11uD1r zi OCCUR I LEArNocc uMFNel 1 SOOF 000 J ovrNFN•11 I I I Prle DAMACe um ~.I C,d L SO , 000 MFU T 1 ',000 E *-l 07/01/93 FXP Any nn mw) A zANYAUTO~ 07/01/96COMNINf011HOlE LANrt 150x,000 1 40MULLnAUTQ NIYw4 1 HUND AVT06 NONOWHFD AUTOO .I~rUiiiM.nN N ~i ! 1 PADPA(TY DAMAGE 1 U)"UASAITY AUTO ONLY- G ACCIDENT 11 ANYAUTO - - ! GTNFA THAN Aln00NlY. i 1 NCH AC CI01Nl 1 - 1 iF000F 1XOzW UMTIOL UAIIILLAM 000 PORM U1011126131102 ~07/02/93 07/01/96lADesarl fIaQAT 1 A - ~ _ _ _ _ 11 1F000,000 OTNM IRAN UMIA" FORM - 261000 ._.~_-.O_ O~N._AND A MPL NII O_ IA T-_ - - ! 6TAM00.Y lMrt1 AMHOYW'LNMUlY NLITY ' IACHACCIDANT F 5000000 _ TRf PM►AlTON _ • o~~'~~ UT" ~L INCL! NC882633801 i 07/01/951 07/01/96 d1FMfPOLICYUMIT A N 500 000 F - FXCL I Rik 41VA01 • FACH PMM.01 FF 1 9001000 A Coma A"lioation TCP882613601 07/01/91 07 01/961 A Property TCP882612601 07/ol/951 01101/96, 'OYOMMON Of OIfIlATI0N1A0CATIDMWEMgLJf1AP1CU1l ITEM6 Certificate holder is shaft as additional insured. ceflaDATP Ho~D~ - oAirCBU,iAt1D11 CITTOS'D ~ MIOUW ANY OP THE ASOW DIIORNIM FOUMU SO OANMUM Won ml:... UPI NAT" GATE "W. TIN "UNO COMPANY WILL INDSAYOR To M AIL -10 DAYO WIETTEN NOTICE TO THE OEMIFIOATE NOLDM IAMID To TWO LEFT, LD*Atl*A Denton OUT MUM TOE WON NOTIO6 OWL W PO11 NO W*ATI01N OR UANLITY . I "inn oA ANY MIND UPON THM OoMPANY, IN AUNTS OA N@m%S1W'TATIVM, AUTMORhD 7620 C COIIP(B1NUiTIOId 1419 _ ....~s....,-....,..:,,R, ,.yam...: • • I 1~~SL PROJECT NO. CONTRACT NO. THE STATE OF TEXAS 4 ESCROW AGREEMENT IN LIEU COUNTY OF DENTON OF PERFORMANCE BOND (Oevelopment Concract-Improvements of $50,000 ur Luss) WHEREAS, Larry CalvcrL , hereafter refereed to as "owner", has undertaken to develop I)ruperL;; within the City of Denton, Texas, or its extraterritorial jurisdiction; and WHERc:AS, Owner ties, pursuant to the ordinances of the City of Denton, Texas, hereafter referred to as "V.ty", 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 tie 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 J with a bank as escrow agent in an amount not less than the amount necessary to insure completion of said Improvements; 777 i I ' NUw, THEREFORE, nWNER, City and , FIrat state sapk, Denton , hereafter called "Escrow Agent", agree as follows: 1. Amount. Owner, as a condition to receiving building per- mits for property located at Fought'-: Addition, Roplat of 1,0( 41? Northeast corner of Sycamore and Indllstrlnl St.shall deposit thu sum of -Nine hundred thirty five and 00/100------------ 9 '.o(_), in cash money, with Escrow Agent, said ;tutu b.,liq, in an amount, as determined by the City, necessary to insure completion of all improvements wnich are to be dedicated to the public; said Improvements being more particularly describud in that certain development contract dated the 5th day of February t 1996 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 i specified herein, has been deposited in an escrow account with Escrow Agent. 1 3. Release of Funds. Escrow Agent shall not release any or all of the escrowed funds until the City Engineer authorizes the p t Escrow Agent, in writing, to release such funds as provided for herein as follows: (a) the City Engineer shall authorize the release all the escrowed funds when all Improvements are PACE 2 I { J / completed and approved in accordance with provisions of the developmunt contract; tine determination of which shall be made by the City Engineer whose judgment shall be binding on all parties hereto. , (b) The City EnEinaer, 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 tho City in stabus, 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: Lerrv Caivcrt P. 0, Bor. 687, nenton, T% ESCROW AGENT: Fj,-,, stztc Be.ikz 1).0. Box 100, Denton, Tx 4. Fees. Owner agrees to pay any and all fees or costs charged by the Escrow Agent in connection with this Agreement. 5. Nonliability of Escrow Agent. The Escrow Agent shall have no responsibility except for the safekeeping and delivery of the amounts deposited in the Escrow Account in accordance with this agreement. The Escrow Agent shall not be liable for `J any act done or omitted to be done under this agreement or in PAGE 3 j I e connection with the amount's deposited in the Escrow Account except as a result of the Escrow Agent's gross negligence or willful misconduct. If any question, dispute or disagruemon(: 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 _o 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. b. Successors and Assigns. This agreement shall be binding upon the successors and assigns of the parties hereto. 7. Venue. The parties hereto agree that if any legal action 0 is necessary in connection with this agreement, exclusive venue e • shall lie in Denton County, Texas. ti s PACE 4 • IN WITNESS WHEREOF, the said City, Owner, and Escrow Agent have signed this instrument this day of 19~. CITY OF DENTON OWNER BY: BY: ~•,H/1R !yUN tow. Uly ESCROW AGENT STI~v+ ~r21Jk- r-T2-57 B Y ; da = y !4°'! 4 t PAGE 5 } • . i WY Western Surety Company CONTINUATION CLIZ'I' FICA'ITL ! Western Surety Company hereby continues in force [Bond N(j . --__,--6.0,8.3.092 3. briefly diwi-i4od us A i AAwnI k ~ urb And saner - City of Donton j 1'!?&w--_-----... for Tim lAat)t t1bm--T4.l-11oa.ty' 111,1 nCa _ un,l in llw snuu of $ 000.-00..~___-.-.--• IhdLtts, I'ur the lrrm hogs udNti jailu.'lr,y 33 , .19 1) 6 ending. ,Ianua>:y 31.r 1997 subject to all the covenants and conditions of the original bond referred to above. This CONtinHill Lion JS Issued Upon Ww e>;Inrca.`n cundition thuL IJw liability of Wustern 511raty Uonnltuuy antler ti,iid Bond and this and all conthnuut(ons thereof shall not lw unnoIadve raid shall in i I o event ovevoI I,Iw talal 811 ill uhuvv written. 1t11i lY Dut4dthlr'-_~7-th--------.. duyIli '_--_...-_-Octobav 1tnW, ~ .Ir W F', 5 T C It N S U It R T Y f; 0 M I' A N Y wu U JoeP residmnt p0!/l v~,~~ toss TIIIS"ConunuLl(mCertlfloate"MUST BE F'ILSD WIT11TIES ABOYIBBONI) a T ~I ry~ ~M..XJ p)T ,Try . r M ~ .t:J Sa ~l •~ylr, is • drhYtf~1['7yx3!4z Ati.r,YN.3f+#SN~.y~teS4v xti~ .+'N:.•.Wx OGOOOGC, ODUU ~O ~aO~~~O OVi,, rd p . s 0 LOO o 0 I o a~ Ooooooooo'' Q H , t O~pOOO + O ~OIJ0~4044 k I f 7-1 r 0 w AAA00097 r PROJECT NO. i~(7L~~~' CONTRACT NO. THE STATE OF TEXAS S DEVELOPMENT CONTRACTP COUNTY OF DENTON S Whereas, Liberty Educational Ministries, Inc. DBA Liberty Christian School hereafter referred to as "Owner," whose business address is 1500 South Bonnie Brae, Dente, Texas 76207 is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and Whereas, Owner wishes to develop the property and such development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "City"; and ' Whereas, as a condition to the beginning of construction of said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with the City?s specifications, standards and ordinances; and (select applicable provision as follows) 0 Whereas, the Owner elects to construct the improvements r 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 s . s Whereas, the owner elects to make such Improvements hereafter sat forth by contracting with whose business address is hereafter referred to as "Contractor"; and Whereas, Owner and Contractor recognize that the city has an interest in ensuring that the Improvements subject to this agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the City's specifications and that payment is made therefor; WITNESSETH As to the Improvements to be dedicated to t,`.a public, as specified in Exhibit A, attached ):zreto and incorporated by reference, to be installed and constructed at 1612 South Bonnie Brae, Denton, Texas 76207 the owner, Contractor and City, in consideration of their mutual promises and covenants cnntairied herein, agree as follows: 1. Covenants of Contrag,:r. Contractor agrees as follows: (a) gpggiricationa. 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 Ptirblic Works Construction. N,QrtIl Central TeXas, i as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such improvements, such s PAGE 2 • • { i specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) Authority of City Engineer: Insflections. 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 interprr,tation 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 nondemned 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 cork • 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 7 r i • • i (c) insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided for in Item 1.26 of Division I of the Standard Specifications for Public Works Constructio% 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 Methlds 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 Covonants of owner and contractor, owner and Contractor mutually agree as follows: (a) performance Bon : Escrow Acragment. 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 i public, the following security requirements shall apply, unless the development is a "one lot development," as defined by City's Development Code: (1) a performance bond in an amount not less than the amount necessary to complete the Improvements, as • doteemined by the City Engineer, shall 4e submitted + r 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 • i (ii) if the cost of completing the Improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary ` to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement ensuring completion of the improvements. Without exception, the City's escrow agreement form shall be used. (b) Payment Bond: Assurance of Payment. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (100%) of the approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper pro!ection 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 defii,ed 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 furm provided by the City Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction cif 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 they City Engineer, Owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PAGE 5 • material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) ggt,i.jnage• 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) Zngumbrances. ^hat 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 cif 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 be satisfied and released or promptly post a bond with the City in the amount of such claim, PAGE 6 • • i lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. (e) Maintenance Bond. That prior to approval or acceptance of the Improvements by the City, to furnish a maintenance bond in form and substance acceptable to the City, in the amount of ten percent (10%) of the contract amount of the Improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that appear within one year from the date of acceptance. The bond shall be in favor of the City and shall be executed by an approved surety company authorized to do business in 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 Cortractor, 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. • (g) AgXjksm4nt 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 J 0 3. Occupancy: One Lot Developments. Owner further agrees as follows: (a) That Owner will not allow any purchasers, lessee, or other person to occupy any building within the development until all improvements are completed and accepted by the City, and that upon violation thereof will pay the City $3,000.00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the Owner shall not be issued a Certificate of Occupancy fir 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. y1nus 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, e.xcluwive 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 Ii • 6. Sugg2,yggr and AssLans. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, 6th day of March 1996 . OWNER Liberty Christian School CONTRACTOR $Y: - AY: CIT. OF D N, TEXAS P10 eITY MANAGER Yi ATTEST: J IF HALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: • i t A PAGE 9 p q' iit 't • • i a j 12JJL / PROJECT N0. CONTRACT N0. 11LCL THE s,rATE OF TEXAS 9 ESCROW AGREEMENT IN LIEU COU(4TY OF DENTON ~ OF PERFORMANCE BOND (Development Contract-Improvements of $50,000 or Less) Liberty Educatlonal Ministries, Inc. WHEREAS, DBA 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 tree ordinances of the City of Denton, Texas, hereafter referred to as "City", executed a development contract to insure that any and all streets, water and sewer lines, drainage facilities or other improvements whictl 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 :ne Improvements by the City; and WHEREAS, in order to receive sucn 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 • 1 with a bank as escrow agent in an amount not lass than the amount necessary to insure completion of said Improvements; i i i .40w, 'THEREFORE, OWNER, City and Point Bank hereafter called "Escrow Agent", agree as follows: 1. Amount. Owner, as a conditin.i to receiving building per- mits for property located at 1612 5. Bonnie Brae, Denton, Texas 76207 shall deposit the sum of Nine Hundred Twenty Light and no/100 Dollars 928.00 in cash money, with Escrow Agent, said sum being in an amount, as determined by the City, necessary to insure completion of all Improvements wnicii are to be dedicated to the public; said Improvements being more particularly described in that certain development contract dated the 6th day of March , 19 96 between the City, Owner and Owner's Contractor, to which reference is made herein. 2. Notice of Deposit. No building permits shall be 19SU3d by City for the property herein described until :;screw 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 Ciry Engineer authorizes the • Escrow Agent, in writing, to release such funds as provided for . ! herein as follows: (a) the City 4nginear shall authorize the release all the escrowed funds when all Improvements are PAGE 2 . ....+m Ir w. .iu.iW [lYL/1+W11 l I • A 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. (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: 1500 S. Bonnie Brae Denton. TeXan 76207 ESCROW AGENT: 4ol w. uniyernity Drive D,ri.On. Texas 76201 4. Fees. Owner agrees to pay any and all fees or costs 0 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 0 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 PA' s w 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 ar.ong 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 tnterpretati~n 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) wichhold and/or stop all further performance under 'iis 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 hereco (who may include the subscribers), that the question, dispute, or disagreement has been resolved; or (h) file a suit in interpleader and obtain by final judgment rendered by a court of competent ,juris- diction, an order binding all parties interested in the matter. b. Successors and Assigns. This agreement shall be binding upon the successors and assigns of the parties hereto. I i 7. Venue. The parties hereto agree that if any legal action is necessary in connection with this agreement, exclusive venue 4 shall lie in Denton County, Texas, PAGE 4 • IN WrTNESS WHEREOF, the said City, Cwner, and Escrow Agent have signed this instrument this 6th day of March lg 96 CITY OF DENTON OWNER Libe);tr Christian School i , BY: BY: l~ ESCROW AGENT ! ~ `apt a rrJ~ BY: I ~p PAGE 5 C 5 • ._.-y`__.,..... . i r-+-•.--• tti iYN.1.! la , vl In 1, 'l ~,`w. d .i ❑ ~ ~ l.~~L~°! !~~!¢~j i~7,a~a~'ygl ~ r li' 1 s GREG ED`vVARDS P. E. 1116 Sandpiper, Denton, Texas, 76205 / Phone: (817) 591-9481 Home, Mobile: (817) 343-0805 Z3 February,1996 City of Denton Attn. Dave Salmon 215 E. McKinney Street Denton, Texas 76201 Re: Liberty Christian School Addition j Dear Dave, I Sidewalk across the frontage of Lot 2 of the Liberty Christian fi thool Addktion is the only required public improvement for the development. Based on recent bids 1 would estimate the cost of the proposed improvement at 59274.00 (116 If of frontage times 58.00 per lineal foot for the sidewalk). The development contracts for this Addition should include an escrow &greetitat with 5928.00 deposited in the escrow &"*vat to protect the public interests. Please enll if you have any questions. Sincerely Gr~wards P. E. A i p 1 e , e J t 03-11-195f, 01:54PH LIII I'TY LHS= 511RIJ S&COL 817 565 0466 P.02 Imow" 0 3 1 9 6 ROACH F?0WARp 9MITN air AMY ew1m no mom 17MIr Tw1 CEWTV40M 6 RUNTSR INSURANCE 4 M n °M ~ 9330 1.,8J FRREWAY, SUITE 81500 A m~Comvm mm ~M MaMI OR DALLAS, AI9lLIOIN~ musu~ TX ",,9247-34 6:1 4w :•pA - PERPED RISK GROU? L18F:RTY CHRISTIAN 9(,;}40O[, _ TEXAS WORK CqAJ s ~-,Ayp 1500 SOTM BONNIE BRAE oac,., DEN'AM, TZXA8 76707 eeluwl A 1>• A 1M CFFM TNAr 71f POLIUMA OF BOUNW" MM K,wM IM1E YIW saw TO Tw mweo MM Abow rorl 171M1// !'ow, pow ROMEO, MMT1MIw'IM011 I Aw micawsLEtrt, TEW 011 CaM0 mm Of MM OOM0+161 011 OT+OI OOOIMlf~ 11tH w;srY{,'T OfJ11M1pL7E LMT A NLEO 011 M1v Prff~w, n1[ ,1rrrn>EU EY TIIE PallRt ~ 11e11r11 M M*JG01 f0 Ml T1W"M 19 W l1i41LA,Crf ,Me Oi0M01lRNL O► OuW !pUCtK. (MOIi e1ONr1 MAY WIN WrN~11egIL~ w MD CLAIM ~ LS Tn0 M AWIMka M1t "'mw, `1~-___ . rrrl. gl•1Iry 'j+ 5Y _.'i16~ 05 31~§~05)31 96 coati ~an_e_ $1 00yp X 001/i1C1~pllllHlNltT~ 1MOasn,mwOr +1,000,000 wwML9• ❑X 19CIRI }wlar~avw~v • 0, QQ6 ' OM1t 5 1C011111MO1'+,•M~ Fa+w100arrltr_.. • 500 OQ,~ d.,„._ ...1 L *9.000 or w r 5! 009 3946349 3 31 95 6 31/96`y~ 000 X „n wro ~ oor.lle 11YtL1 LM? r ,000 l +u Q M1o+VM Ilowanwr+wlor ~ I J raw er°M"r" L MM0 1w II ro•Lrln ewM.r r rWAft amm 1 rrruwln___- 2149-317 o--573i/95 1 --L-----~ us 31%9s .couu.R.~ wVeLAnwr _Q4i900 OA1M M W ,r1110Lw 1cwM ifs WOMEN, MVML~ IrMMw. BP•125DOa-02 07708 95 07%ne OF X -r m^ rw, '+500, 000-_ 141!~t*W*MrA"A OWL ,.p ~uln _ eOO1D00 _ Claim nLnl a,r~cq t5004-000 1 1.1"1 ACRED U. 09 SCHOOL PACTLITY AT 1500 S. BONNIE gW, DENTON, -Ew CITY OP D14MM 79 ADDITIONAL ItsSURYD AS INTERESTS MAY APPEAR ow" .N r eta +naw ruorr •aglr a aa•r •"m MM CITY Or DENTON, TMM ..1r,,,r, ••M+~1 MM MM&VM rv ~ 3.4. MM MUM Met 1011! r1ffAR WAM lrr+w g! LMT, gas MCRIUNEY ST. wlv"Wom•eraraNOT" wuwwlreWwuaLive" DENTON, T8XAS 76201 r % mmmwm e e e Ri B A TOTR- P.02 i i I 7 I 1 "A14 'A 1 ~oc~°GO~o a00oTtOP2, ~ o~ p s Q U 0 Q p + O o~°°O00ooaeao~4p0°°°°~ ~ r I • r • • AMOOD97 PROJECT NO. 17~~(w CONTRACT No. 1 I THE STATE Or TEXAS S COUNTY OF DENTON S Whereas, Alen Chamberlain hereafter referred to as "owner," whose business address is P. 0. Box 43, Denton Texas 76202 is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and Wheress, Owner vi-`ms to develop the property and such development swat: be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "City"; and Whereas, as a condition to the beginning of construction of said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with • the city's specifications, standards and ordinances= and (select applicable provision as follows) Whereas, the owner elects to construct the improvements • without contracting with another party as prime contractor, in • which cans the provisions of this contract which rotor to "Owner" or "Contractor" shall mean the Owner as named above; or • • Whereas, the owner elects to make such Improvements hereafter i set forth by contracting with DBB Construction Co. whose business address is 521 North Locust 5t.., Denton, Texas 76201 hereafter referred to as "Contraotor"; and Whereas, Owner and Contractor recognize that the City has an interest in ai:suring 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 Cottonwood Lane: Chamberlain Addition in northeast Denton, Texas the Owner, Contractor and city, in consideration of their mutual promises and covenants contained hare n, agree as follows: 1. Covenants of contractor. Contractor agrees as follows: • (a) Specifinatignm. To construct and install the Improvements in accordance with the procedures, specifications and i standards contained in Division II and :.II of the City 0s standard • Soaclfigations for Public Works Construction North Central Texas, * • as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such PAGE 2 E .-..i ..if.l.!I l.lE ltd r _ • • specifications, standards, regulations and ordinances being expressly incorporated herein by reference and beirq made a part of the agreement as though written herein. (b) Authority of City Encinegr: Inspections. Testy _ 11 QrdM. 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 furnirh 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 Contractorts expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work • or materials, or to follow any other request or order of the City Engineer or his representative, the City Engineer shall notify the i owner of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied to r • the satisfaction of the City Engineer, the City shall have no • • obligation under this agreement to approve or accept the Improvements. PAGE 3 i" MM i • 1 I 3 (c) Insurance. To provide for insurance in accordance with i 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, "Oryner," as used therein, shall mean the City of Denton. (d) Means and ethods of Construction. That the means and methods of construction shall be such as Contractor may choose; subject, however, to the City's right to reject any Improvements for which the means or method of construction does not, in the 1 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 follower (a) Performance Bunds., Escrow Agreement. That if building permits are to be issued for the development prior to completion and acceptance of all improvements that are to be dedicated to the public, the following security requirements shall apply, unless the development is a "one lot development," as defined by city's Development Cods. (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 lull 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, PACE 4 NOW • (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 Cityfs escrow agreeaent form shall be used. (h) payment Bond; Assurance of Payment. That prior to acceptance of the Improvementsz (i) a payment bond will be furnished in an amount not less than one hundred percent (100%) of the approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texas; or, (ii) if the total contract amount of all improvements is $50,000 or less, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," as defined by City's Development Code, and a payment bond has not been submitted in accordance with (i) above, owner and Contractor agree and guaraatse 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 Improvement- nave 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 i PAGE 5 • 1 1 s 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 PavmsnU. (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 retbinage, only after Contractor has furnished to the owner satisfactory evidence that all indebtedness connected with the work and all sums of money due for labor, materials, apparatus, fixtures or machinery furnished for and used in the performance of the work have been paid or otherwise satisfied. (d) Encumbrances. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the city free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the Improvements, or land dedicated to the city, to which they are affixed, the owner and Contractor shall upon notice by the City promptly cause such claim • 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 JLMMAKW • lien, charge or encumbrance, in favor of the City, to ensure r 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 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 autiaor`.zed 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, h:s agente, 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 aball control over any conflicting provision of any contract between the Owner and Contractor as to the construction of the Improvements. PAGE 7 • 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 the development until all Improvements are completed and accepted by the City, and that upon violation thereof will pay the City $:1000.00 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 ha), been completed and accepted in accordance with this contract. 4. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to • accept the Improvements. 5. Venue and Governing Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall 1 • • lie in Denton County, Texas. The terror and provisions of this contract shall be construed in accordance with the laws and court decisions of the state of Texas. PAGE 8 • I 6. Successor and Assigns. This contract shall be binding upon i and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, 491 day of MUYG~% OWNER CONTRACTOR ALAN CHAMBERLAIN DBR CONSF UCTION ~go BY BY: CITY OF DENTON, TEXAS BYs CITY MANAGER ATT"T: J IFER PALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORMS HCRDERT Ti, PROUTY, CITY ATTORNnY BYi " 4? ' • i PAGE 9 s 1 to 1 I j FIXHIBI7' A PUBLIC IMPROVEMENTS for CHAMBERLAIN ADDITION / (Based on plane prepared by Burke Engineering) r DEMOLITION: IT M OUA UNIT i NUMBER DESCRIPTION TITY UNITS PRICE EXTENSION 1 Remove & Dispose of cottonwood tree, etc. I L.S. 00 O~ .~p0 PV 2 Remove & Dispose of existing street pavement 50 C.Y. 0 op % Flo "o 3 Remove d Olapose A concrete rwb 6 m'sr 11 L.F. / o_O 4 Miacel Ianaot,c to com late =1L Oo, a o .y OQ, dU Sub-Total = E 7~~~ UTILITIES: ITEM OUAN• UNIT NUMBER DESCRIPTION TITY UNITS PRICE EXTENSION_ I Locate d expose existing Maine & services 1 L.S. oa Ud .SOO oO 2 8' concrele 1 saddle 5 C.Y. C 0, o O -o 3 Coordinate with City crews 1 L.S. ' Or, 0 n pet C>O 4 M cellaneovs to complete I L.S. w on .mop, o Sub-Total = $ 00 00 PAVEMENT: NUMBER DESCRIPTION _ TITY UNITS PRICE EXTENSION _ 1 Remove & replace existing barricade (provide 5 posts & reflective tape 1 L.S. o o SOOrr 2 Excavation (place excess soil / t on Lots 1, 3 & 4) _ 333 C. Y. 3 Lima stabilized subgrade 1,043 9.Y. p0 72, O 4 5'thlck Portland csmenl concrete pavam ant allurn-around l.D60 S.F. _ SO .O _ a 5 8' curb on Item 4 114 L.F. 8 5'x 30' co_ncwie curbgutter 37a L.FY n U U4 7 5'twocourseHMAC 708 S.Y. / po 7~o 8 4'City, sidewalk 340 L.F. U DO D~ OD 9 Sidewalk rams _ 4 Each p 00 10 Standard Portland cement concrete driveways 599 S.F. Sb oL' 11 Miscellaneous to com kte 1 L.9. oo a .9 'C', Q ~P, OCj Sub-Total = PO TOTAL $ 3 Z 0d • AAAUI9DE DOND PREM.Rl.IM C,', )ED ON FINAL CONTRACT PRICE PROJECT N0. ~-tD BOND EXECUTED IN THREE (3) ORIGINALS CoNT'R m No. n 7~ PEAPOANANCE BOND BOND NO. 703484 THE STATE OF TEXAS g COUNTY OF DENTON $ KNOW AZT, X01 Jay THESE PRESENTS t That DBR Construction Co., Inc., P.O. Box 828, Denton, Texas 76202 of Denton County, Texas, hereinafter called Principal and Capitol Indemnity Corporation, P.O. Box 5900, Madison, Wisconsin 53705-0900 a Corporation ,~rganittsd under the laws of the State of Wisconsin and authorizeta to do business in the state of Tares, here naf er called "Surety", are held and firmly bound unto the City of Denton, TOXas, a Xunieipal Corporation, in Denton County, Texas, hereinafter celled "City in the penal sum of Thirty-Two Thousand Four }kindred Thirty-Four and no/100--------------- Dollars, lawful money of the United States for the '00--------- which sun wall and truly to be made we bind ourselves, our heirs executors, administrators, and ■uceeasors, jointly and severally, and firmly by these presents: THE Condition of this Obligation is such thatl WHEREAS, the Principal entered into a certain contract with Omer, dated 27t1i the day of Marc!i , 19 96 , in the proper performance of which the City o Den on, foxan, has an interest, a -opy of which is hereto attached and made a part • hereof, for the construction oft Street Pnvement, Utility Services and Grading - Chamberlain Addition, Denton, Texas NON, THEREFORE, if the Principal shall well, truly and faithfully cause to be performed and fulfilled all of the undertakings, eovenanta, terns, oohditions 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, PAGE ONE • • I . i I i I . I and during the life of any guaranty required under the Contract, and shall also well and truly cause to be performed and fulfilled all the covenant:-., terms and conditions and agreements of any and all authorized modifications of said Contract that may hereafter waived; thennotice of which obligation modifications shall ba voto the id; otherwise to remain hereby full ford and effect. { I PROVIDFD, further, that if any legal action be filed on this bond, venue shall lie in Denton County, ANDj that and agrees that inoS cha ge f oextension receved ttin* ~r alto ~tin stipulates addition to the terms of the contract, or to the work performed thereunder, or the Plans, Specifications, Drawings, etc. 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 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 28th-. day Of March 1 19. 96 PRINCIPAL SURETY DBR Construction Co., Inc, -Capitol Indemnity Corporation BY. BY: __X14 'C o;o WonRlcehVus, President A Y-IN FACT ATTESTi Kathy R Zacharek ARY • NOTE: POWER OF ATTORNEY OF SURETY MUST DE ATTACHED. DATE OF 90" MUST NOT DE PRIOR To DATE OF CONTRACT. • • • PACE TWO 1 ',.jam 1 • Meul9ur BOND PREMIUM EASED ON FINAL CONTRACT PRICE PROJECT N0. (~-CL BOND EXECUTED IN THREE (3) ORIGINALS CONTRACT NO. q PAYMENT 90RD BOND NO. 703484 TU STATE or TMW S COMITY or DENTOm $ THAT DBR Construction Co., Inc., P.O. Box 828, Denton, Texas 76202 of Benton County, Texas, hereinafter called principal and Ca itol Indemnit Corporation, P.O. Box 5900, Madison Wisconsin 53705-0900 a Corporation organised under the laws of the state of Wisconsin and authorised to do business in the State of Texas, hors na er called esuraty", are held and firmly bound onto the City of Denton, Texas, a municipal corporation, in Denton County, Texas, hereinafter called "City", and unto all persons, firms and corporations who may furnish materials for or perform labor upon the buildings, structures or improvements referred to in the attached contract, in the penal sum at T41rfv-jwv use Four Hundred Thirty-Four and no/100------------------------------------------------------ (532,434.00----------) Dollars, lawful money of the United States, to be paid in Denton, Denton county, Texas, for the paymerst of which sum well, and truly to be made we bind ourselvas, our hairs, executors, administrators, and successors, jointly and severally. • THE Condition of this obligs~ion is such that= WHEREAS, the principal entered into a certain contract with owner, dated the 2jLii day of Mares, , 1996 , in the proper performance of which the y o entone Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction ofs • Street Pavement, Utilit Services and ( adin - Chamberlain Addition, D^nton, • • Texas PAGE OHS w eW w w • NOW, THEREFORE, if the Principal shall wall, truly, and faithfully cause to be performed its duties and sake 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 maid 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. Provided further, that it any legal action be filed upon this bond, venue shall lie in Denton county, Texas. AND THAT said surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terse of the Contract, or to the work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the Sam* shall in anywise affect its obligation on this Pond, and it does tof tin@ alteeration or addition to the torum of thhe Contracts or extension he wgrk to be performed thereunder. IN NITNESs wHEREor, this instruaent is executed in triplicate, each one of which shall be deemed an original, this the 28th day of March , 19 96 , PRINCIPAL SURETY DRR Construction Co., Inc. Capitol Indemnity Corporation 8Yt sYt~s 10" a4& Don Rich Presi ent ATM R! Y-IN FACT Kathy R Zacharek ATTVST1 • SLCR I NOTEt DATE OF PAYMENT FOND MUST NOT sE PRIOR TO DATE or GoNTRACT, • • • PAGE TWO s i • I ~I MA~a7rue BOND PREMIUM BASED ON FINAL CONTRACT PRICE //PROTECT NO, BOND EXECUTED IN THREE (3) ORIGINALS CONMCT 110._ BOND N0. 703484 CONTRACPORFS NAINTENANCIS BOND (DEV=PMlg1T CONTRACT) THE STATE Cr TEXAS $ COUNTY OF DE)=ff S 1RNON ALL KM BY THESIS PRESENTS: That DBR Construction Co., Iuc., p.0. Box 828, Denton, Texas 16202 of Denton County, Texas, hereinafter called principal and Capitol Indemnity Corporation, P.O. Box 5900, Madison, Wisconsin 53705-0900 a Corporation organised under the lave o= the State of Wisconsin and authorized to do business in the state of Texas, here na er called "Surety", are held and firaly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton county, Texas, hereinafter called "City" in the penal atlas of Three Thousand Two Hundred Forty-Three and 40/100-------------------------- 3 243.40---------- r Dollars, lawtul money of the United States, the said sun being tan percent (101) of the total amount of the hereinafter aentlonod contract, for the payment of Which sus well and truly to be made Wk bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, TH1! condition of this Obligation is such thatl WHERUS, the Principal anrared into a certain contract with Owner, dated the 27th day of March , if 96 , in the proper performance- -f-vhich the city o en on, Taxns, hap an • • • interest, A copy of which is hereto attached and made a part hereof, for the construction of. trey` 7avement Utility Services and Grading - Chamberlain Addition, Denton, , Texas FADE ONE NONE i i • I 1 • NOW, THMFORL, if the Principal shall Valli truly, and faithfully maintain end keep in good repair the work contracted to be done end performed for a period of one (2) year from the date of acceptance in writing by the City of Denton and do all necessary work and repair of any defective conditions growing out of or arising from the improper work of the same, includi limited to, any settling, breaking, cracks ng' but not condition of any of the work or or other defective excavationo backfillinq, compactinq~or anny Other cause or from oper cons of r known or unknown, at any time during the period of this bo tiic, the city engineer, whose judgment shall be final and conclusive determines to be esult of defect als or then this obligati nrshall be void, otherwisemtoeriemain inafull force and offset, u In case the said Principal shall fail to maintain, repair or reconstruct any defective condition of the woL!c as determined herein, it is agreed that the City may do said work aixm supply such materials as necessary and charge the sun against the said Principal and surety on this obligation, It is further agreed that this obligation shall be continued one against the principal and Buret may be had hereon for successive breaches f 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. PROVIDLD, further, that if any legal action be filed on this bond, venue shall lie in Denton County, each oI of which sX MF thin instrua Mt is executed in triplicate, of March , 1996 qed original, this tho? 28th day PRINCIPAL SURETY b8R Construction Co., Inc. Capitol Indemnity Corporation 0 aYm SYm 40118M s, President A ~Y-IN Kathy R Zacharek PAGE Two t~ ~ t • NOTES FJMM OF ATCORNEY OF SURETY MUST BE ATTACHZD. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT, A U~ AR I PAC! TWU i i i 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 Insurance: P. 0. Box 149104 Austin, TX 78714-9104 FAX 1(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you.may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. f 9 i f 1 s • INDEMNITY CORPORATION 4610 UNIVERSITY AVENUE, SUITE 1400, MADISON. WISCONSIN 537050900 PLEASE ADDRESS REPLY TO P O BOX 5900. MAMSOfu WI 537050900 FHONE 1606) 23t-4450 • FAX $061231 2C29 POWER OF ATTORNEY No: 3 8 7 3 4 0 Know all men by these Presents, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having its principal offices in the City of Madison. Wisconsin, does make, conslitute and appoint V,R, DAMIANO,JR„ JAMES V. DAMIANO, SHANE A. HUMPHREY,-•— CANDACEDAMIANO, KATHY R ZACHAREK OR KENNETH ZACHAREK its true and lawful Attorney{sl•in -fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and Feed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount [tie sum of ..................................................NOTTO EXCEED SS,000,000,tX1.......................... This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 5th day of May 1960: -RESOLVED, that the President, and Vice President the Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and shoaling bonds and undedakings, and other wrilings obligatory in the nature thereof one or more resident Yice-presicienls, assistant secretaries and aflorney(s)-in lacf, each appointee to have the powers and dulies usual to such offices to the business of this company; the signature of such ohkers and seal of the Company may be affixed to any such power of attorney of to any carlificate relating thereto by farsimde. and any such power of attorney or cerilicate bearing such facsimile signatures or lacsireile seal shall be valid and binding upon the Company, ant any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future wilh respect to any bond or undedaking or other writing obtigalory in Me nature thereor to which it is attached Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time' IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested by its Secretary, this 1st day of Juno, 1993. 'r CAPITOL INDEMNITY CORPORATION Attest: 7f /j~, lr~ U ` (//~J• 'f^' /K'Aw-.CND IY / Dc~/.GLtA' a Jc/cuawutr " Geo A. Pall. Prealdenl Virg,line M. Schulte. Secretary Sl Sen~ STATE OF WISCONSIN COUNTY OF DANE On the list day of June, A.D., 1993, before me personally came George A Fait, to me known, who being by me duly sworn, did depose and say. that he resides in the County of Dane, State of Wisconsin; Piet tie is the President of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal alfixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. STATE OF WISCONSIN c\s' ~y y • ""4, 1 x Polar E Hans COUNTY OF DAN[ r Notary Public, Dane Co., WI L a•g~,My Commisslon Is Permanent CERTIFICATE I, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY CORPORATION, a Wisconsin Corporation. authorized to make this cerliflcate, DO HEREBY CERTIFY that the foregoing • attached Power of Attorney remains in full force and has not been ruvokii and furthermore that the Resolution of the Board of Directors, set lorth in the Power of Attnfri 15 now in force • - Signed and sealed at the City of Madison. Dated the 28th day of March 19 96 (c nnrarrrnlr / / 1 .r Ai PnuIJ ru autrr, rrnasuror Tb, Ixrwel is valid only of the power of atiornuy nunrbm pnntud in Ihu upper righl hand torner dppv:us in wd Plwl0t0pios, r,IDbOn C3POS or olhar ruprodudwn;, ,1101 1101 binding on the company. Ingurnes C009(omrng III,!; puwpr ul illnruey nray lxr dnxluyl 10 Ihu Bond M;magel m Ina Home Ofutu ul Ihr Captol lnQrnnnly Corpo aliml 1 • 000TIFICAYE' OF INSURANCE usuc oA"ti mm~ r110D11CO1 - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFEAS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE RAMEY F KING INSURANCE POLICIES BELOW. SIX) S. I.35E, lugs A COMPANIES AFFORDING COVERAGE Denton TX 7`6406-7629 Co"""Y A SCotledate Insurance Co. LETTER ICOW LETTEnPI B TrtnKy Universal of Kam frsulrm _ 0 B R Corwwwlon Co kFC C Test Work Comp Ins Fund Don Rkhorda cCla'ANY D P 0 Box on Denton TX 711m LETTER LCOAPANYEn Er1 E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 70 THE INSURFD NAMED ABOVE FOR THE POLICY PERIOD INDICAIEO, NOTWITHSTANOING ANY REOUIREMENT. TERM OR CONOITION OF ANY CONTRACT OR OTHEA DOCUMENT WITH RESPECT TO YMICH THIS CERTIFICATE MAY BE ISSUED OR MAY PER7AJN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE 1LRMS, EXCLUSIONS AND CONOITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE PEEN REDUCED BY PAID CLAIMS. CO TM OF WOURA CE Pomf MU60M POLICY DRCTTK POLICY E"NUITIOM : IMF$ DATE IMArIO" DAR IAe.WO," R. OEWAQ AOGEOATE F loom anon" LYaa7rT CLS286150 DSfO6J9S 0506196 X COMMERCW DENFRV. LASLnY S500. B.I. AND P.D. MMICTSCOME,OP ADO. 1 1000000 aArny MODE X... oCtLa. DEDUCTIBLE PERturut a Aov, rwRV f 1000000 OM M a CONTRACTORS PROT. EACH OCCUWENCE 1 1000000 'r-- : EFX ONVAGF W, M. rYN f 50000. MED. ExPEIRSE (A,, or. pfwu) EXCkrded B wromosam EADWY TCAS4137H OH1T79S 01117/98 cOMUaKD SQ01E ~ 1000000 LMII . ANY AUTO ALL 0"0 AUTOS BOOLY PIAPY i Pri wis I sCNEOLaED tyros ,...X , HrEO tyros NO OWNED AUTOS HOOLV NX" f X E MONOINEO AUTOS Ipo, PaNwY . :I OMLAOE LMBEm Pf10PERTY OMMOE UAKM EACH OCCURRENICE. I LIAGEIIA F" AOGREGAIE 1_ 07/61 THM IABII& A FOAL STATUTORY LMITS 1raN{61't COA/EMM7IDM C WO SBP1007119 02/070 01107197 EACH v<aDEnr F 500000 DISEASE - POKY LIMIT 1 500000 gMOYWa' lMellTT DISEASE - EACH EMPLOYEE 1 500000... •4{ OTH" ag011101 OP DFOIA7,Ont1ACA7gNL'fO1KLtmLpMECMI TOD S AddddIt!"~Lkt A undot Bu OAtwv* wwal L LILDIIIt MAuto bIN llaablifty. as WaIm". Compenes"m P6*c COYera EMecutlYe O1lksrs only. Subs O"w provWe fhak alto WOW 04 11on. Pro Chambulaln Addklon • bSRTII'IC+~Y11t;Nt~lM CANCIt4U1TGM . ' , • • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, IMF ISSUING COMPANY WILL ENDEAVOR TO CRy 01 Dental MAA 10 DAYS WRITTEN NOTICE TO THE CERUFICATE HOLDER NAMED TO THE `•w+/ AIbN ►1Mchba S OWL v. LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 210 E. MoKkn" LIABILITY OF ANY KIND UPON THE COMPANY, ITS AOFNTS 08 REPRESENTATIVES. Denton TX 79201 AVDIOFf= IILVAt"WATM /L ACbMC1 ~9•~ ' ~CORC COkPORATION 1910 ' N I i r o0 OOVCw0 0 0 E A, , V~o I 0 q0: ti~0 cY O i o goC3 4 rq ,~7 4~` OOO~ N f O N t` OQO + O 1 ~DOOOOt140~0~ i • 1 i a + • 1~. 'r a', 4.. ~iirfie. 6v'~ri~-,+~ ~.r}rtr e. i j , • AAA00097 PROJECT NO. CONTRACT N0. __!aL THE STATE OF TEXAS 5 DEVELOPMENT CONTRACT COUNTY OF DENTON S Whereas, ~dzC hereafter referred to as "Owner," whose business address is re ~T S ul Ao Q l) ay Tc),.l -Py_ G 201 , is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and whereas, owner wishes to develop the property and such development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "City"; and Whereas, as a condition to the beginning of construction of said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with the city's specifications, standards and ordinances; and [select applicable provision as follows] 1 4 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 I • I I 1 J I, i I I 1 I I 0 Whereas, the owner elects to make such Improvements hereafter I set forth by contracting with 1 whose business address is hereafter referred to as "Contractor"; and I Whereas, Owner and Contractor recognize that the City has an interest in ensuring that the improvements subject to this agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the City's specifications and that payment is made therefor; WITNESSETH As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and incorporated by f I reference, to be installed and constructed at / Y~SJC W• L lb L1 e.',, 1/ a 7'C.', r r 74 2el 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 zandards contained in Division II and III of the Citvfs Standard • Specifications for Public Works Construction. North Central Texas, • • J as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such PAGE 2 • specifications, standards, regulations and ordinances being i expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) Authority of City Engineer: Inspections. Tests And Orders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work • or materials, or to follow any other request or order of the City Engineer or his representative, the City engineer shall notify the Owner of such failure and may suspend inspections of such work • until such failure is remedied. If such failure is not remedied to ~ • ~ the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the Improvements. PAGE 3 r 1 ~II I (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided for in Item 1.26 of Division I of the Standard Specifications for Public Works Constructign, North Central Texas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the City of Denton. (d) Means and Methods of Construction. That the means and methods of construction shall be such as contractor may choose; subject, however, to the City's right to reject any Improvements for which the means or method of construction does not, in the judgment of the City Engineer, assure that the Improvements were constructed in accordance with City specifications. 2. Mutual Covenants of Owner and Contractor. Owner and Contractor mutually agree as follows: (a) Performance Bonds, Escrow Agreement. That if building permits are to be issued for the development prior to completion and acceptance of all improvements that are to be dedicated to the public, the following security requirements shall apply, unless the • development is a "one lot development," as defined by City's Development 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 y -77 • i J , 1 (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 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 (loos) of the approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texas; or, (ii) if the total contract amount of all Improvements is $50,000 or less, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," as defined by City's Development Code, and a payment bond has not been submitted in accordance with (i) above, owner and contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, material or both in the construction of the Improvements shall be fully paid and satisfied before acceptance of the Improvements by the City and that prior to acceptance of the Improvements, • the Owner and Contractor shall furnish a written affidavit, in a form provided by the City Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of the Improvements have been paid in full and that there are no unreleased recorded liens filed against the • Improvements, or land to which they are affixed, • that are to be dedicated to the public. That, upon the request of the City Engineer, owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PAGE 5 • • material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retainage: Final Payments. (This provision (c) applies only where the Owner and Contractor are not he same party.] That as security for the faithful completion of the Improvements, Contractor and owner agree that the owner shall retain ten percent of the total dollar amount of the contract price until after final approval or acceptance of the improvements by the City. The Owner shall thereafter pay the Contractor the retainage, only after Contractor has furnished to the Owner satisfactory evidence that all indebtedness connected with the work and all sums 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 propRrty of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance • of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the improvements, or land dedicated to the City, to which they are affixed, the Owner and Contractor shall upon notice by the City promptly cause such claim • lien, charge or encumbrance to be satisfied and released or • • promptly post a bond with the City in the amount of such claim, PAGE 6 y 0 1 1 lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. (e) Kgintenance Bond. That prior to approval or acceptance of the Improvements by the City, to furnish a maintenance bond in form and substance acceptable to the City, in the amount of ten percent (10=) of the contract amount of the Improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that appear within one year from the date of acceptance. The bond shall be in favor of the City and shall be executed by an approved surety company authorized to do business in the State of Texas. (f) Indemnification. To indemnify, defend and save 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 damatiles received as sustained by any person, persons or property on itccount 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 0 of the improvements; and shall pay any judgment, with costs, which may be obtained against the City growing out of such injury or damage. (g) Agreement Controlling. That the provision of this • agreement shall control over any conflicting provision of any contract between the Owner and Contractor as to the construction of the Improvements. PAGE 7 i i 0 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 witn the development until all Improvements are completed and accepted by the City, and that upon violation thereof will pay the City $3,000.00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the Owner shall not be issued a Certificate of occupancy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract. 4. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. 5. Venue and Goygrninc Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court decisions of the State of Texas. PAGE 8 z 71 • i i i 6. successor and Assigns. This contract shall be binding upon r and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, ___V_ day of \ 194/'. i OWNER CONTRACTOR i i BY:Cf~ "Y: j CITY OF DENTON, TEXAS ~ i i /owl BY: CITY MANAGER ATTEST: *WTNIFEIRIWALTERSi CITY SECRETARY Mid APPROVED AS TO LEGAL FORM: A: --0RAYOV1NCH, CITY ATTORNEY l.«-r- • PAGE 9 1 • 1 ' I j I l 1233L Ji 1 I PROJECT NO. ~G-~ - CONTRACT NO, THE STATE OF TEXAS g ESCROW AGREEMENT IN LIEU COUNTY OF DENTON OF PERFORMANCE BOND (Development Contract-Improvements f of $5U,000 or Less) WHEREAS, i_/AL( ZOIJIa , hereafter referred to as "Owner", has undertaken to develop property within the City of Denton, Texas, or its extraterritorial jurisdiction; and 1 WHEREAS, Owner has, pursuant to the ordinances of the City of Denton, Texas, hereafter referred to as "City", executed a development contract to insure that any and all streets, water and sewer lines, drainage facilities or other improvements which are to be dedicated to the public, hereafter referred to as "Improvements", are constructed and completed in accordance with the specifications, standards and ordinances of the City; and WHEREAS, Owner wishes to receive building permits for said property prior to the completion and approval or acceptance of tae 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 l I • less, in lieu of posting a performance bond, escrow cash money • • with a bank as escrow agent in an amount not less than the amount necessary to insure completion of said Improvements; s 1 i NOw, THEREFORE, OWNER, City and Er~~ AU k/_jfv~l ?}ret , hereafter called "Escrow Agent", agree as follows; j i 1. Amount. Owner, as a condition to receiving) building per. mits for property located at _ J1 i s,/s- 10- ) ,bp,,,/,✓ P ✓ p,! e Io shall deposit the sum of in cash money, with Escrow Agent, said sum being in an amount, as determined by the City, necessary to insure completion of all Improvements wnicki are to be dedicated to the public; said Improvements being more particularly described in that certain development contract dated the --Y- day of atw 19, 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 0 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 ar, provided for herein as follows: (a) the City Engineer shall autnorize the releasb all the escrowed funds when all Improvements arc, PAGE 2 1 • • i I I I completed and approved in accordance with provisions of the development contract; the determination of which shall be made by the City 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: 4j"„ ESCROW AGENT: r S Lura '40 ,Qrx /DO 6dy T,Y 76 2uZ 4. Fees. Owner agrees to pay any and all fees or costs • charged by the Escrow Agent in connection with this Agreement. 5. Nualiability 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 o: in PAGE 3 • connection with the amounts deposited in the Escrow Account except as a result of the Escrow Agent's gross negligence or willful misconduct. If any question, dispute or disagreement arises among any one or more of the parties hereto and/or any other party with respect to the funds deposited in the Escrow Account, the proper interpretation of this agreement, the duties of the Escrow Agent hereunder or the rights of the parties to this agreement, the Escrow Agent shall not be required to act and shall not be held liable for refusal to act until the question or dispute is settled, and the Escrow Agent has the absolute right at its discretion to do either or both of the following; (a) withhold and/or stop all further performance under this agreement until the Escrow Agent is satisfied, by receipt of a written document in form and substance satisfactory to the Escrow Agent and executed and binding upon all interested parties hereto (who may include the subscribers), that the question, dispute, or disagreement has been resolved; or (b) file a suit in interpleader and obtain by final judgment rendered by a court of competent juris- diction, an order, binding all parties interested in the matter. • b. Successors and Assigns. This agreement shall be binding upon the successors and assigns of the parties hereto. 1. Venue. The parties hereto agree that if any legal action • is necessary in connection with this agreement, exclusive venue • • shall lie in Denton County, Texas. k PAGE 4 • TN WITNESS WHEREOF, the said City, Owner, and Escrow Agent have signed this instrument this T day of , 19. CITY OF DENTON OWNER BY: BY: / ESCROW AGENT BY: C_ ~fP?k°~ y i PAGE 5 f 1 1 • DEVELOPMENT CONTRXCT/BOND INSTRUCTIONS , 1. All construction of public improvements (i.e., streets, sidewalk, utilities, drainage) requires development contracts to be executed prior to construction of those improvements. 2. Payment and Performance bonds or escrows are only required if building permits will be issued prior to public improvement oonst.ruction being completed and accepted. 3. Maintenance bond or escrow and affidavit of payment are required on all public improvement construction projects prior to completion and acceptance of the improvements. 4. Three-way development contracts apply when the owner and contractor are separate entities. A Two-way development contract is used when the owner is also the general contractor. 5. The development contracts, and applicable bonds or escrows must be filled out in triplicate. All copies of each document must have original signatures. You will want to copy the documents prior to filling them out. Do not make copies after they are filled out and signed. 6. Co-obligee bonds are not acceptable. The bond forms provided bind the principal and the surety to the City of Denton only. Do not attach co- obliges riders. 7. Submit filled out documents to David Salmon, Senior Civil Engineer in the Engineering and Transportation Department of the City of Denton. The address is 716 Nast McKinney Street, Denton, Tx 76201, Phone (817) 566-8358. 8. Once the documents have been processed through the City of Denton Legal Department, construction may begin as well as building permit issuance if applicable. 9. Submit a copy of the contractors insurance certificate listing the city of Denton an an additional Insured. a! ~ IA Q e, i ASE00478 [Y5' 1 4 - 71 • 181756599904 21 2 SE\? BY 4- 9 95 3 41PH :aPEX I\SLRA\Cf AGCY n (1~YOOfY1) ~►/:~rn. ; i° ,~a~;TT` iw ~,{oNIiA a3ny fa'sy1 4 , 1496, n y N,. t... r„ wgDVOrT "in ClRT11CAT! If A 11ATT1K NIFOlIMA710tf ONLY AND CONRIID NO p!M UM TN! Cll WVA-M Apex Insurance Ageacpi Inc. }IO w& TNN OIUMMATIN 001111 NOT AMWI, KM W OM 1420 N. Coope:•Y 100 LM THE O WIMA04 AlMM By T7,P POUCKS Id- Arlington, TX 76011 . _ OONrANM AIrOM oovseA4s , _ (8I7) 261-1101 wmv TRINITY UNIVERSAL INSWUU= CO DALR IRWIN i CRAIG IRNIN ! 701 A. CARROLL rowHeY DENTON, ?Z 76201 C COAIAW D p t .,,~~Ct~. .~i.Iti.~.~3~r7IC>^I.. ~1=j,1tT f":~.~1t~.1..riiM.11,.,:~,~:5....i45.n:..G7[:,'~..~r~.Sf.si~f'r,•1..'f.. i..ll ..ll1t''~., i~ku.,~/: arA.ti~", TEN/ IS TO 0ii THAT THE POLICIES Of IWO11ANCE LISTED BELOW HAVE SEEN ISU"~ TO THE INSUPED NAMED ADM FOO THE POUCY PEHCO INDIOATFD, NOTWITMITANDRQ ANY RECUIREMtRT, 7%W OR CONOrM OF ANY CDNTH9T ON 01H01 DOCVMCNT MATH IY.TPEOT To WH01 TIN9 CERIOICATE MAY 6E ISSUED DH MAY PERTAIN, THE INSVWe AFFOROED SY THE PoUCIES MK?ASEO HMN 19 8UNECT TO ALL THE TEAMS, F)I LUSIONS AND CCNDiTq 8 OF AUCH Y01101E8, LAAITS SHOWN MAY HAAVf 0 EH F&WCW BY PAID C Ams. l 1g10Y r/tp7M1 POYCT en1A7TOt ~ 1YM OF S7IIRWIIt POW Ilbli VATt plAtt" oATt IIt10tr+O i101A1 LIAtHrt n1 AOOMt"TE 9~SSS.080. A x c01AIKAc^aw v ~uAK,vf ,i7M1TD,S OSplhb 03/ll/!I7 h3en-eoMPAP~DO' E,OOSS~OS_. _ Dina mvE ~!J CCCIM PRSMML a AIN NAJM 11 _ V/#11'T8 1 CONIPACTCTTS PROT PKN /W1ntMCt . IS,008i080_ . ili DIMAOI 1A"r,w M1n! 1.._~~ Ewa CCINOLl. Lm 1 ANY AUTO _ ALL OIMO AUTM /p/DLIAr/ 1 _ 8GIEDIAED M1ip i HPIED Ak"08 « 1 HOH0111lD AUTO/ _ Pro".Y DAMAGE 1 AUTO OILY. 116 ACOMINT 1 IAIIAM 144111 OTFa AM AM CKYJ --'T Ai AIM utMAfCDMf 1 Now WMITY PZW =06401 S 111A/ARAA idlT ADaeorri _ 1 _ I OT m TAW J1011 il~ FM ~ 11011IIr11 OOrA1IA14M AIM MIAIV1CfIT LASTS M►OYrr1Y LIAiL1R Shpt ACCM76/T 1 DNWS•POUCY iMR _ PAARRn vrNE ` D~ciAli FAa1 ssaOYCE S OFgCkM1 Ain. E11CL or71o1 A ; a hpo"" 3,r1~ netwwlouwlewL ""a _ • • RET 911 N. lULSERRY, DRNTOE, TZ CITY OF DENTON IS ADDITIONAL IN,SURZD, . /HONG Aw w flM "m ISM mum at /AIIOI um w6m 1Ht ItPMA1TIN Wtt TMtIMIP, TM Or," LSw" "k aMSAYtt A am . 10 tA1h arm mm Tb WE tMl}s"vi "m NASA To na SDi, CITY OF ORETON /W WA Pwi III 16671 rots AO Ot11SA,1011 a LIA1AdY ART 1/M As c01NRRT Aowrl OR t6PlrlrmTlllA 225 E. KCRINEEY A°"1°11°11 ^M r • 1 i I • s • 1 DNB INVESTMENTS 1528 i ADDRESS REMARKS AMOUNT 511 MULBERRY SIDEWALK-ESCROW -----712_00 • • 712.00 • . i. .:SY Y.. .r, X4•'1 ~t ~.ti.~-i~~~ V~4,1 s?jp;?as~ a'F,ti=1hZi.'134uF:7:Rlx~_y~..m..,,r,+ x . OoOOC(\ OQaIiQ Q~rrJoODO^D^ U ~ I a °0 a o o a o u J • 1 ' i x ;~{Fy • j I AAhOOD97 PROJECT NO. i CONTRACT No. THE STATE OF TEXAS S DEVELOPMENT CONTRACT COUNTY OF DENTON S Whereas, Roy Riney hereafter referred to as "Owner," whose business address is , 520 South Elm, Denton, Texas 76901 is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and Whereas, owner wishes to develop the property and such development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "City"; and Whereas, as a condition to the beginning of construction of said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with the City$s specifications, standards and ordinances; and [select applicable provision as follows) Whereas, the owner elects to construct the Improvements • A • without contracting with another party as prime contractor, in which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the Owner as named above; or • r E-30 Whereas, the Owner elects to make such Improvements hereafter { set forth by contracting with Tim Beaty Builders, Inc. 220 East Sycamorre, Denton, Tx , whose business address is 220 East Sycamore, Denton Tx , 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 I-35 @ Meadow (NE Corner) Lot 1, Block A , the Owner, Contractor and city, in consideration of their mutual promises and covenants contained herein, agree as follows: • 1. Covenants of Contraq~Lgr. 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 Wprgp Construction North central`Tax"# ~ • • as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such improvements, such PAGE 2 • _ y.__. a specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) Authority of City Engineer. Inspections. Tests And Orders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work r 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 Y the satisfaction of the city Engineer, the City shall have no obligation under this agreement to approve or accept the Improvements. PAGE 3 s■ I • • i I~I i s (c) Insurapc 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 o Public Works Construction. North Central Texas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, f.- purpose of this provision only, "Owner," as used therein, shall maan the City of Denton. (d) Means and Methods of Construction. That the means and methods of construction shall be such as Contractor may choose; subject, however, to the City's right to reject any Improvements for which the means or method of construction does not, in the judgment of the City Engineer, assure that the Improvements were constructed in accordance with city specifications. 2. Mutual Covenants of Owner and Contractor. owner and Contractor mutually agree as follows: (a) Performance Bonds: Escrow Agreement. That if building permits are to be issued for the development prior to completion and acceptance of all improvements that are to be dedicated to the public, the following security requirements shall apply, unless the • development is a "one lot development," as defined by City's Development Code: (i) a performance bond in an amount not less than the amount necessary to complete the Improvements, as • determined by the city Engineer, shall be submitted • • guaranteeing the full and faithful completion of the Improvements meeting the specifications of the CJ.ty, 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 • f (ii) if the cost or 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 (loot) of the approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texas; or, (ii) if the total contract amount of all Improvements is $50,000 or less, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," 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, chargas, 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 1 r i material for, the construction of the Improvements, 1 r and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) 8etainager 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 j acceptance of the Improvements of the City, the Improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the improvements, or land dedicated to the City, to which they are affixed, the owner and Contractor shall upon notice by the City promptly cause such claim • lien, charge or encumbrance to be satisfied and released or • • promptly post a bond with the City in the amount of such claim, PAGE 6 i 1 1 i • 1 1 ff k I lion, 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 6 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 Texau. (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 oper!tions 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 pay any judgment, with costs, which • of the improvements; and shalt may be obtained against the city growing out of such injury or damcge. • (g) Agreement Controlling. That the provision of this • • agreement shall control over any conflicting provision of any contract between the Owner and Contractor as to the construction of the Improvements. PAGE 7 • i 3. 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 Pre completed and accepted by the City, and that upon violation thereof will pay the City $34000.00 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 'ions 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 j • 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 Penton 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 AAA02DDI C7 Executed in trip cate this, day of r+r 19 OWNER CONTRACTOR BY: BY. CITY OF DENTON, TEXAS r BY: CITY MANAGER ATTEST: i IFER ALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY : • i 1 .1 PAGE 9 • y:_.+.y. _ pit.. r, it ~r°F'1/` .1'~r' ~ 't< • • NF1l;IIIeN. CERTIFICATE OF INSURANCE CSR LD °"1tIMMIULIYN TIMBE-1 02/06/96. Pwouc el THIS CERTIFICATE 18 198 UBD AS A MATTER OF INFORMATION 1 ONLY AND CONFERS NO RIGHTO UPON THE CERTIFICATE 1.elck, Tucker Z Knight Ins. HOLDER. THIS CERTLFICATE DOES NOT AMEND, EXTEND OR P. O. Box 516309 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. - Dallas TZ 75251 -COMPANIES AFFORDING COVERAGE Joyce Hollingsworth, CIC COMPANY I A Great American Insurance INSURER) COMPANY B COMPANY TLEs Beaty guilders, Inc. C P.O. Box Go COMOMY Denton TZ 76202 p COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENT WIFH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES Ot"ISED HErIEN IS SUB.IECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, 00 rpyOY eMWrM IOGOY nVI1.L110I LTR TYPE Of INNSLRANCI POLICY KNOW OATS IIMAOOMI OATS INIA,OOM1'I UMITP 001RALUNRJTY OINERAL AOOR[OATI _ E _ 11000,000 A Z eoMMeaaaeeN[NALUaelurr TCP887613601 07/01/95 07/01/96 nunucrf'eOATPADPAOO 1 500,000_ _ CWME MADE Z OCCUR 01ASONAL N ADV INJUrr L i00,000 _ orn,~fa E A r,ONTRACIOWS MOT EACH xcuNEENCE 1 _ 500 i 000 PRt OAMAD[ W.r w I.H E 50, 000 MtD [E►IMYw Pww.,) / 5,000 AVTOMOeI[ UANUTY A ANY AUTO TUS62613701 07/01/95 07/01/96 cOMtNtOgNWL11MR 1900, 000 Y_ ALI OWNED AUTOS EODILY INJURY SCHIMMIT, AUTOS NE. PATAM / HINED AUTOS / BODILY INJURY NON OWNIO AUTOS ft ftd ) PROPEATY DAMAOf E OMAGCUAN11UTY AUTO ONLY •[A ACCID[Ni 1 MY AUTO OTHER T HM AUTO ONLY: EACH ACCIDENT AOONEOATE / acNt UAMUTY EACH OCCUMENCE _ 1 _ 1,000, 000 00 000 A X UMDUtLLAFOPW UMS82613902 07/01/95 07/01/96 Aoaatoul 2S,000 p1NlaMANVMM[LLA EDAM 1 A Wom 0% c0MF'WEAmN AND _ fTATUT011Y IIM1rf _ MROrL14' UAfMJTY EACH ACCIDENT v / 5001000 - THEPROPNETOAr INCL WC882613801 07/01/95 07/01/96 DISEASE, POLICY LIMIT 1 500,000 _ PMTNIa91[XICUTIVE OFFICERS ARE: EXCL DISUSE EACH IMPLOYD 1 500,0013 • OTHER R COOK Application TCPS62613601 07/01/95 01/01/96 A Property TCPS82613601 07/01/95 07/01/96 CEACINTION D♦OPe1ATIONEA0OAt10NENEMCWI/NOIRE ITNN Certificate holder is shown as additional insured. • CERTIFICATE HOLDER - CANCELLATION. • • CITYOTD 4HOULO ANY OF TW NOW De1CIMM POL)ON M CANOaI/ID fadW ENS ID RMTION ANTE TMNOF. TW "NO COMPANY WILL SIVOLAVOA TO MAIL 10 SAYE MISSTEP Norlot To THE comwATi NDLOa1 SAMm TS Tie L/T, City of Denton NUFPAIIURS TO MAIL HICw IOTIOf WALE MOON 40 011IgAT10N OR UANJTY 215 E. McKinney or NY wIO IeOI TW 1',OAI►ANY.m ASPTI OR RMM "ATTVM. Denton TX 76201 AIJTNOSSTID c ACORD 285 131831 , CORPORATION ISS3 • • q R-23-1?95 1E•'31 CITY OF GENTOn PLAt4NfNu AAA019DE PROJECT No. im- v / CONTRACT NO. i 2b PERFORMANCE DOND TRF. STATE OF TEXAS $ KNOW ALL MEN BY THEBE PRESENTSt COUNTY OF DENTON 6 That Tim Beatv Builders Inc. of Denton County, Texas, hereinafter ce1.1Ftd principal and Universal Surety of America, 5440 Harvest Hill #172, Dallas, TX 75230 a Corporation organized under the laws of the State f -Texas and authorized to do business in the state of Texas, harem- naftei called "Surety", are held and firmly hound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called nCity" in the penal sum of Five Thousand Two Hundred and no/100 _ 16 5.20a.oo ) Dollars, lawful money of the United States, for tha 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 19th the day of Aori,,,Tl _ 19 96 in the f pproper performance of which the City of Denton, Texas, hac an interest, a copy of which in hereto attached and mad* a part bareof, for the construction of: i Improvements to be dedicated to the public at I-35 @ Meadow (NE Corner) Lot 1, Block A NOW, TUXREFOAF, if the Principal shall well, truly, and r faithfully cause to be performed and fulfilled all of the r undertakinga, 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, MAY 0 a • riF-Y-23 199E 11:31 CITY OF QEHTCN PL"ING and during the life of any guaranty required under the Contract, and shall 1140 well and truly cause to be performed and Cuifilled all the covenants, terms and conditions and agreements of any and all authorized modifications of said Contract that may her,e.HEter bemade, notice of which modifications to the surety being hereby waivadl then this obligation shall be void; otherwise to remain in full force and effect, .t 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, he y atipulaten and agrees that no change, extension of time, }alteratiun or addition to the terms of the contract, or to the wort: 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, altaration 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 eriginal, this the 24th day of April 19 96 - PRINCIPAL, SURETY Ija Beaty Builders. Inc, Universal Surety of America BY: BY: ATTORNEY-IN-FACT Michael P. Whisenant ATTEST; ETARY • NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHFn. DATE OF BONA MAST NOT BE PRIOR To DATE Of CONTRACT. 0 e 0 s ~pRUNIVERSAL SURETY OF AMERICA UNIVERSAL SURETY OF AMERICA P.O. BOX 1068 •Houslon, Texas 77251-1069 GENERAL, POWER OF AITORNEY - CFR nF1E11 COPY ws ~e TX 0913861 00 K[ww All Men by'llwc Vrawims, Thal UNIVERSAL SUKETY OF AMERICA, n curpensuun duly urilAntzed and exrstmF undo *v laws of IIr: slate of Texas. uxl haytirg Ile pnnnpal oil i,x m Hcwelc,n. 7eaas. Dues by nreae prrarnts make, ttmsuwte and apputnt Michael P. Whirenunt ltd tjw and lawful Atwnwv(s)-im Fuvt. with lull power dial uushuuty [noisy canleued w [us name. place and stead, to execute, aamwledpe and tkliver wlrtls fur' PYWripall Trrn HCmV Budder', Inc 1Hlli8ee: City,ll lhsttwl. 7bxas Ainounl: 55, :u 'LX I t rJ and lu Will Utc cumymty Uterehy ua lolly w,J to tiro. same. extent xs If slash binds weru stgrrrd by Uw VresrJenl. sealyd with Ux: nrrfa,nte seal of Ifs ~ cunrpwoy and duly atwlited by ou beotelury. hulehy rulllvhr@ and ccmfimsmg all lhat 11w sand Attoineyi.sr-m-Fiect may do within the above stared G4 luiidali,ms. Sold upymounrnl i% amdc under and bl auWunly ul I4C lrllowlne resolution ma'?)1 xt by the Hoard of Domton of Jnrversal Surely of C W Amwou al a Inwtiny held un lfiv h Itlt day ul July. tYh4 X Q, 'Be It Restill'ed. Ihal the PrusolalL alw any Viue Vrasldeol. Seclcutryy or any Assistant Secretary Anil be and is hereby voted with full power wad aullwrdy to apyuim any uric ur inure sunobk Imiwns as Atturrrevis)-rn-Fact to rgnvscmt aml aci for and tin behalf of the Companv.' > sIs ! "RESOLVED that the slgnatme. of anv offaux ul (be unpoaunn. and (lie seal Of the,torynratiun 11111V be affixed [if pru11W by facsimilre to 101), p,wer ut anurnuy of the c,utpxalwa wid thul such prrmud lsarmdie signature and seal shall be eahd and binding uprm the corpntatrnn," C u~ 'v ~ rn [n WIltar" Whereur. Ualrerral Surely of imerka has: cawed these presends to be signed by ha PrasY/eat, lobo Kam. Jr. and its ~ v: cur puraie bead to be bereto affixed this lbih day of A prR, All., 1995. 0 n UNIVERSAL, SURETY OF AMERICA > > avM r r y'ss ~ r ~J ~`'»curslf~ 1 ox, J1 lhxadda ~ State cif 'Texas Y: County of Harris On 'iota 15I11 day rr{ April. W the )ear cl1 I995, Wore me Redonda X. Wllkr, it rwlary yublk, pcrwwlfy appeared JObn Krbox, Jr., yersonally known to Ire fire perryrn wifin executed she wilhin im0rurnenl as President, on behalf or the corponltoo Ihe"fia named and • ucknuwledged h,1ur Thal tfix uorproalban executed If. O r' ff t Notary Radic t, ilia unlcratgtoal S'umetruy nl Ihnvurbai Surely of America. hereby certify ]hot the above and fureilnin is a full, true and correct copy of the • rhigmsI Powor of Albcmey Issued by mud Cnugwny, and d, hereby I'urthercertify [bar the said Vnwerof Attomey is still in affect. • UIVHN unlter my hand and thu Beal of said cumlimy, at Ifuubtun. Texas, this _ 24TH day of _APRIL 19 96 As want Secresary hit wilication of the autlamty of this laower you may telephone (713) 722-46W. M=MO (INIVYRSAf, SURETY OE AIMERICA011=9119= • 1 fO TIM BEATY April 3, 1996 Mr. Roy Riney 520 South Elm Denton, Texas 76201 RE: New Sidewalk 1-35 at Meadow Dear Mr. Riney: Tim Beaty Builders is pleased to submit this bid to pour the new sidewalk at your new office location. This bid includes all labor, equipment and materials to complete the project. I have described the work included in this bid. 470'x 4' wide sidewalk with 4" thick concrete with tooled expansion joints every 5' 4" cushion sand beneath sidewalk Four handicap ramps to approaches Two curb-cut handicap ramps BID COST $5400.00 Any alteration or additions to the herein described scope of specifications which involves additional cost will be executed only upon written orders and will become an additional charge to the original estimate, All agreements are contingent upon strikes, accidents or delays beyond our control. Tim Beaty Builders • carries a 51,000,000 General Liability and Worker's Compensation Insurance policy. a I appreciate your confidence in Tim Beaty Builders. If you have any questions regarding this bid, please give me a call. Sincerely, Tim Bcaty R0. IIOX 68 DENTON, TEXAS 76102 (817)365.2328 • ~D~~cJG~ aaa~cGUp~~? Opp ~ ro 0?' i o ~ o 0 0 r ~ d y 4 ~ O~°0° ti r o t e O°0 °0o~aoaaooo°°° • i ~ • • i . • VSI.81O & ASSOCIATES. INC 2346300630 P_00 iYR-12-19916 11 17 CITY Cr DENTOhI FLRININ3 P. 16 ! l ~ 1111 1 I PROJECT N0. Co*MCT i ~ M STATE OF TEXAS S j COUNTY OF nEN' H $ I I + I ~ ~ I Whet of M~J haroafto referred to as "Owner," whose business addrse i I XtA o ti it I TN 3 , is the er of real pxVperty located in the oorporatO i to Of f w + I the City Of Denton, or its extraterritorial, juriadictio f 7! Whereas, owner wishes to davalQp the prcpf,rty ii an etch development must be partormad in acc9rdanca with the I+iFp ie 1e orditnan or the City of Wton, haredtter referred to b+e Cit "f and wher as, as a condition to the b inning if const-u ion of said dev lopment, a development eontr+ is required to Ane a at + all streets, waxer and sewer lines, ds~ainage faeilitia~ an o or improvements which are to be dedioatd to the public,' harem. -ter I ' referred to as "Improvementsare 0048truoted in aco0 d ith the City s spacitioationn, standards fnd or4inancaz) d { (select applicable provision an follows) I i . whereas, the owner elaets to ioonstruet that *r to I . • I I without ontracting with another party as prima contra or, in ~ • • I which oa a the provisions of this contract which rotor to 140Mkor" or "con actor" shall mean the Owner ~s named abavet aY ~ I 1 ~ I I i i ~ • VILBIG & ASSOCIATES, INC 2146306630 P.06 P. WIG l I APIR-12-MG 11;17 CITY OF DENTON Fi.FY#1IN(1 J { { I ! who gas, the owner elects to sake uoh Improvements ar r set forth by contracting with l"Ra~rECTIV ~x 1 INI nbrb Coros-rr - 4 > whose business a4dr ss a I!i I ~fli~1p I 5"1.3 I l a# r' - - I hhll referred to as "Contractor"; and Where s, Owner and Contractor raaognixe that the cllty as an r interest in ensuring that the smprIovamants subjectl4 t t5is agreement which will, upon completion and acceptance by~the. City, become p lio property, are properly coCistrubted in acaarI n q~ w th c r £o the City specifications and that payment is nde c the wlTCr~ssErx ~ As the Imgrovemants to be deo{icated to thll publ C, as apeaified in exhibit A, attached hArnto and inoorgsra ad by reference to be installed and constructed at 30o c31 I the Ownez Contractor and City, in don idaratinn of theltr I 01A t 1 Hromisas d covenants contained hsrsL4, agree as follo~mt ; I • t. o e tractor. Contr~lator agrsul as toll s: To construct and inita (a J4RegAi0Uons. Improv is in eccordanoo with the. proooduros, specifioati s I `d and Lxd standard oontain,.d in Division IS andIIII of the ~L I' as amended, and all addandums thenato,j and'all other r egal ti s, I ! I ordinano or specifications applicably to such Smprove en , eh f ~ i ! I PAGE 2 • YIL81G L ASSUCZATES., TNC 2146300640 P.07 4 05/ 6 $i gPFZ-f 2-1996 111 1 CITY Of DCWClq PLAIN I NO ^~I specificati ns, standards, regulations and ordinances' ing I ; axprasaly i wrporatad herein by reference and being =ads alp t o r` f ' the agrs t as though written heroin. (b) 11 Orders. Th t all work on the ImprovementA shall be perfo d good and workmanlike mannar and to the 'satisfaction of 'he C1 gngineer o his representative. The CitylSngineer shall dooid a7 istions which arise as to the qual ty and aocaptabllit o 4u ~ ' katerials urnishad, work performed, A the intarpret~01 o j; k4 ep00ifi6at one. ;..e Contraotor shall furnish itbe city Snginso o his J representative with every reasonable taoility for ascelrta whether or not the work performed was, in accordance i the specificat ono applicable thereto. Any fork done or matax l us ~d without su table inspection by the City May be ordered r ov d replaced a contractorts expense. Upon failure of the contractor to allow for inipe io , to test ma orials furnished, to satisfactorily repair, tilalao r i replace, i so directed, rejeotad, unau~ pxigod or condadn uor~k I i I • I or materia s, or to tallow any other z est or order of th City zngineer o his rsprosontative, the City Engineer shall 4ti y owner of such failure and may sump and inspections of such work until much failure is remedied, Tf such failure is not r cld o • 4 • • the satin notion of the City &lginaer~ the City shall' h e o 1. obligaticn under this agrasmult to , approve or ac>ap 46 xmprovemsn e., j GAGE 3 j i I I VILHIG & ASSOCIATES. INC 214630e690 i.°.,0~_... ' T! i ! a.e~16 I I:I AFR-12-19K 10 6 Ci7T OF DEMON RAW W n c To provide Por i i uranee in aooord nc wii~21 (a) X auk the ins oa requirements applieabia 4 contraotors asipr vid~d for in I 1.26 of Division Y of the If c , as ap►a~idr a i! provision of which are expressly inoo rated heroin by t-:J" enc 1 I I? ision onl t p+ Provided+ owaver, ter purPo Of this rev X ~ usod that in, shall- mean th* City or Ointon. ~I (d Keane and~ .t C~3StG• That the 0108L s d methods o construction shall1:03mulch as Contractor wa oos~e~ I subject, owever, to the City's right to rejagv any ImpYa ,eats I for which the means or method of eongtruction does no n ~ha ant ! the city Rnginear, assure that the XPMvax4Mt were judgm j constructed in Accordance with City sP~cifications. I 2. AtO of ottngp and contrast mutually agree as followai (a pQrto: '1'tldt i ild ng permits a to be. issued for the deve}aymant prior to let an ~ad and aaa anOG Of all iaproV*Wts th+tr are to be dadioaI to the I I • public, tJk% following security raquirew nts shall apply, 1166 e I davalo t is a "one let devalogaa t," as defined by GiCY's Developm t Codes III II (i) a performance bond in f amount not lss} tj an e E amount necessary to cc Ista the improvsm te,~aa doted ad by the city engineer, shall ttad. e41 O guaraptoeing the full and faithful COMP141 ion of the Improvements meat ` the spaoiticntiona o the City, shall be in ff%voo of the City, AM 1 11 axeautad by a surety ooapany authors ed to do business in the State Cf Texas; err I PAGE 4 i i i I VI1. I3IG R AC~rOC1ATES. IIIC 21463-00630 P`OJ I i j 1 P. ©1l/16 ll 19 CITY CF 104TCH FLEW UCh , I FFR-1'^39Y~ ! at e f (ii) if the cost of completifig the IASpr°v°1'pnt~°' time building permits Tare requested, is in an e amount of $54,000 or lass; as datermin~d Y city Engineer, cash morjQy 2n the amannt~ne eab ry j to complete the Improv ants, 49 determi~ad by e I City Engineer, may ba,depositsd with ng as eaCYaw agent, pursuant to an gsarow j.?~ sem~9bbntt I ensuring completion of the Improvements ith sh ! ll i -exception, the City"s 4 Iscrow agr0"Ont o i 11 be used. I I That! prior to i I aoceptan a of the Improvem9ntsl i (i} a payment bond will belfurniahed in an pnt Sot lose than one hundred ~parcent (100tLot epproxipata total cost of the contract cf tha ! i Improvements, quarantoeing the lull pro Or protection of all cla ants aupplying1 hand material for the dons otion of the ~pta, shall be in favor o the city, and; executed by an approved surety company 'rzed to do business in the Otate of.Texas; 04 (ii) if the total. contraot Sk Omt of all Impr is $60,ooo or lass, as' deterainod by Engineer, or the Impl*Ments, regardl s of 'the contrast amount, are for a "one lot de tii me t," as defined by cityon. Development code, an a payment bond has not keen aubaitted ku ao orda~nce with (i) abovar cnma~ and contractor a ea ,and guarantee that any and all debt4 due to fny p on, firm or corporation having PurnieF~ed .161 or, material, or both in the oonatructi¢n of the Improvezonta shall be fully paid and, tis iod before acceptance of the Improvements by the ity and that Prior to aeadrItance of the 7m)'ra ame ts, the owner and Contra or shall furnis a wii on i affidavitr in a form povidad by the Cit raig stating that all bidar)charges, account o 01 ims: for labor parfoxmed and material fu i hed in connection with tie aonstruation if the I Improvements have been paid in full and thiiiii t are are no unral"Sed reco dad ! Lens filed q3- teat the I B Improvements, or =Fto which they e f 4sdr ! that are to be dedicated to the public, I That, upon the request,, the City Engi~©e , owner or contractor shall furniah a complete his of, all subcontractors who performed labor one or uppllied PAGE. I i VILUIG & ASSOCIATES, INC 2146300638 ...I. ~.I, • ~ I f P,Ci~16 it 20 CITY CF UGNTOH FA-I'"AING f Apo-t2^19?6 ~ , materlai for, the aonsti itton stateaMtml;vs any or and, when requested, . each of such Subcontractors or supplierslth t ttieY have been paid in full., i I I, (This provision (o) pplies only vh s the owngr•and contractor a not he sdrie p Y• t as seou ity for the faithful Compk Lion of the Iapro ti. me~ k t f Contract r and owner agree that the or shall retain i~ ? of the total dollar amount of the contract prigs until ~ft tot all 4r approval or acceptance of the Saprov to by the City•l The or shall thereafter Pay the contractor' the retainage, 10nk a~ter Contra r has furnished to the own* satisfaatory ev{de ak },tat all ind tAdness connected with the W irk and all sums Of u pay;due for la , maboxials, apparatus, fi ores or machinar~ f iyhod I for and used in the performance of the work have bean pai or othe:Via satisfied. va~ 'd)Sagybna,,pd, That uponj completion and spy or accepts ca of the X*rovemants of the City$ the Improv 1hall +II tjo become the property of the City fJos and clear of ILI bens", claims, charges or anouabrancse of any kind. Xf, afts~ a cept,&nce ; of the Improvements, any claim, lign, oharge or en' an4s is • made, or found to exist, againstl the raproVeaent , or ,fend dedlanted to the city, to which.ths~ are sftixed, tjs (wn4 and Contractor shall upon notice by the Ility promptly cause d oh olmim • lion, arge or encumbrance to b~ satisfied and !re sod or~ h olla.lm,i • • promptly post a bond with the city ; in the amount of v I I I I PAGE 8~ ~ I ~ ' f I r' .7771 i • I I VILBIG a. ASSOCIATES. INC 2146300630 P.e A13R-12-1496 11 0 CITY OF DENTON PLAFNINO P.O5i1b ! E i I f lien, charge or enouabrance, in favo~ of the City, tic nau40 payment of Such claim, lion, charge Or ncumbrance. j i i (e) MCintenanc■ sand. That pXior to approval or a oa tan~+a of the T oveaants by the City, to it iah a mairttenano nd In 4~w I form and ubstande aoocptable to the City,, in the amo+ t percent (204) of the contract amount of the rmprovenents,jin urig { the raps and replacement of all defe}i a duo'to faultylma eri6l and wor reship that appear within 4i1G year from they data -of ac~,,optanc . The bond shall be in favof of the City and! ah ill ADa 3i i executed an approved surety company a~ thoriaad, to do "in as in the State of Texas. (f) rndomnification. TO ind ify, defend and sa'va harmless, the City, its officers, eg is and aruplaYsasl Er a I suite, actions or claims of any Ohara ar, nase and dsar ption brought for or on account of any inyur~ies or damages r~cai ed 'ae sustained by any poraon, persona or property on account t the oparation of the Contractor, 124 agents, amplipys a for i "mod subaontra oral or on account of any na ligent Sat Of faItit f the Contractor: big agents, employees or subcontractoru !n cor1s •Ct~on nt, with oa{ts wh;nh • of the ial rovenanta) aAd shall )pay any udglee I ' may be obtained against the city groJing out of o=h iinj ?or i damage. Ili (9hareament_contralling, That the provisio o this ' • • • agreamont shall control over any c0 ~ iiating provisi n f Any contract etweeen the owner and Contract r as to tho oonat a !Ion' of the Tmpr4 aments. PAGE 7 E ! • . I J VSLBSG & ASSUCiATES.,INC 21463086319 I A, :03 fiPA-12-19iw 11x21 CITY OF PENTON R-1"11h i ~ P.19/}6 l+ i ! !I i ! ~ j I 3. Iota. ~ I E k j owner further agr~efl a Po11 ss (a) That owner will not allow any purchaser U800, o ~i wkn other person to ocoupy any buildin~ within the dava op tiunti all rovemants are oampiated andlaccepted by tha city and the upon iolatkon thereof will pay thffi city ¢3,000.00 )1e iqulidat ! II I damaq a, but such payment shall, npt be deemed apprlov 1 0 su ocoup cy and the City may take +whatavar action Ina ems4ry to restrain much ecanpancy. ! (b) Thalt if this contract applies to is 40n~ let i devol pmant," as defined by Cityi,s Development hod, +d o pert an4e or payment bond was ;aquired or subm4tt. far e improvements that are to be 4e4ted to the publ o, the! Own shall not be issued a Certificate of occupancy fori an wildi const otad or located therein until all req~sir td. 11Pu131 c 1 impro aments have bean completed a~6 accepted in adco and* wi We ontract. a cavaDants of City. That, !upon proper comp st on of o Improvements in aoccrdanca with this agreement, the Cit a sea o • ~ j I i ~ accept the Improvements. i is y@nue and doverninc X# Th~ parties herbl l Agree thit thII contr ct shall be enforceable in Dalton county, Texas, legi.l • 40t,10 is nooessa+-y in connaction erewith, exclusive s1is~1 lie Denton County, Texas. Th taus and provisin a Qf th~a • • oontr of shall be construed in acc~rdande with the 1nw and o VIII! i deaia onm of .the State of Texas, i i 1 I PACE ~a ~ r° i J i VIL6IG & A550CIATC6, IHC 2146308630 P•01 i ; APR-s2 s 5 1 , CITY OF MrrQN MFOUNQ { P111/16 k j E g, hanigAri. This coAtraat shall be b'rd q on and inure to the benafit of, the parties hereto, their ~I;rem ivo f r successors and assigns. j 114 Executed in triplicate this, OLY of 19 OWNER ITITuf LJ^G,I(J cot TRACTOR Kl C1iUSfQM T~JIJ fI E C i gy 11Y: L nt sea µo ^ L.--- K u fI '~C~ na, / f f f _ CI Y OF pnMN, TvjS ' 4,C LqueQ. Gel I6 FWV.JFi ♦ t f oavoRal''• Executir~ Itic v F ive Vice President aY: t SEAL ! =TY MAWAGM { I E I FyAs ; i ~ i + 'Log 8 WALTSRB, CITY AECRLTARY ! f "PROM A9 TO LEGAL _ O&Ms ~ i , CIT7~ATRb8N81! ' E 8Yi , 1 f • . T15 l i - f 1 i E E j PACE 9 i ~ I • • 1 3 1 i i EXHIBIT "A" 'SCHEDULE OF VALUES FOR WORK REQUIRED OUTSIDE PROPERTY LINE (CITY OF DENTON)' Project Location: 300 SLK. DALLAS DR. DENTON, TEXAS Contractor: TONY CRAWFORD CONSTRUCTION - .(2~1FTR Ii ItANTS~{TAFS BY Ci7'Y1PAI17 BY AUT07ANE~ _ 6,500.00 4"SSEMR AT- L~TAPS BY CITY ~PAID BY At7PQ7ANE) • ; ~:0 1 S ORRM W-ATLR TIE IN T~ 27" CITY, MAIN 2600.00 3 DRIVE APFROACF~ES - - 8 000,00 ALL IN ACCORDANCE WITH THE CONSTRUCTION PLANS SUBMITTED BY AUTOZONE, INC, TO THE CITY OF DENTON, TX FOR THE SITE LOCATED AT 30013LX DALLAS DR., DENI'ON, TEXAS. - TOTAL : $27,256. SIGNED: 70NY WFORD C STRUCTION Ob{:LL Project Manager • D"opment Carttnet ) Store # 1515 Denton, Ter" ...a._ , -~77 7771.77- -77- i • BOND #138054426 !l~cr aua. ' o0lrr~t~r Uo. YmmT7AguCi mcm ~ a~1~ 4r Tais : lROii ~asss ar pan= XOR ALL loos It ~ "Lok AUT0ZONE, INC. P.O. BOX 2198 MEMPHIS, TN. 38!01-9842 of SHELBY Ilm ~bYr %"rIm"martow M u & Prlaol al UK NATIONAI. FIRE. INSURANCE COMPANY OF HARTFORD ° 1000 RIDCEWAY LOOP RD. MEMPHIS, TN. 38120 astiar the lases a[ %be *tM* CONNECT astd arttbatdsad to do wmia in t•e =;mho of 'ill t h "7AaeO!_~.'I~t~ilt h" ad ll= j bow ~D the city of Osmgo Tam* borgiftaftor glad ws POOL •w of TWF.N.RRVF.N`TJ }USAF D TWO HUNDRED FIFTY SIX & NO/100------------------ ta27.256.00 1 i &;=O Won und tv4dT to be No" we bw owminer ow hairs,, aft"morme ofti takmtas:rr asst ff=mmwftsf $ isitlT rite ""e uTr u d tissly BY =a p rosO 4 tm o w"tim at tuo au uum is muff t ott vlow=, 08 :Y1is som, outKrd 1Ntp a sortau Kth 01R10r detect 24TH td &V Of P is 96 ! pa+epasr~y+srldaaaswe at Kiai, !i• . r 'iraer Ms ft ~eseatr zw Us ommolteaoAme dss~ko stiteaO~d asst aaN a pat CONSTRUCTION OF AUTOZONE STORE #1568 DALLAS DR. • DENTQN. TEXAS • 7a•, lommlOor U am ftlatt;pel Man lauf ~ and sib comes tte be plstasmsd asid 1uquled "M "m sedat taltlsipA, aeeb, tacee► a~Litiaes ari arsfrrYaaeea of ~taltZaO~ Lo adowd m aith the vUm r A fie" l2a t", • , thomwe I" xmw gsraatad d xctaoet »atlm tr t" sluStpr • • 'e l Aims i I I aqa *W j" t o Uta at my goorarity required ceder tba Obotmoto .'a emu a"* wli amml 4712 femme tome pectoomed ~ ft * 1 ~ ed an as oov mmmstm, to= a" oem~lltmmm■ Wd agrmml .m d miir mnd 4uthwA bmlletm, Wt*W d melee WdUU bUm mil"dj tbM tt" $A tali ECM A" otlamb. X $ tAet a" oa rm" o f4w "I m ava"Voev borml "al Wmki~ on%%4pml K tad am t he M etas ao.it3m m to the tons de me amomnraea+ ee to tale ueeiC poeloame0 rfamemuld"+ or -am rl+vs+ IOa~aL~ sta. am~~4"•' tea *me man in as 404 m.i Wqd it MM "COW w3~m1 m at am ago + mmM l lm of tun* altomtion w rLftlYS LO !ia tam~m ~taa obok9mok+ or to an we* to be yrrllar~i lremwemime• :~crs~►T , 37f 1i7 i 1a1n11~A, tats boft-mm is oo& eer or mamma owl be demoet ma eels # MAY 30 9^„~ V NATIONAL FIRE INSURANCE COMPANY OF AUT020NE, INC. HARTFORD X93 / L.M.B'RYA NT Lawrence E. Evens Argo&ecutive Vice Presldent ' - GOiJl1Tf_I :.It;fJ[.I) By,. • A ~PWIDk~1f AfetNT Rssis an 5ecumgk IM4 tom= mm a amts; OF own JIM is AggL= p. Om er aara an momma so ma'es or Qos~is>Naac. a , o-toNE 4 f~,, f'aPORgrFti t SEAL ) 't 0 ,1''•ry ti NA.1,, "0 • ~MOS '1'110 "AY-07-96 TUE_1 142an.4J AUTOZONE REAI-F.STATE-DEP FAX NO, 9014958900 P ,A/10 ~w►o lscr i BOND 4138054426 I PawwT alto. C~ COWrW= PD. PAYt{EIlP DO%D T" DTAU Or Tmrai S Couw n or annTw THAT AUTOZONE INC. P.O. BOX 2198 ,MEMPHIS, T1.H~~1- 842 TEN i of SHELBY may, xataw, hereinafter called principal and NATIONAL FIRE INSURANCE COMPANY OF HARTFORD 1000 RIDGEWAY LOOP RD, MEMPHIS TN, 38L20 a Corporation organised under the lava of the State of CONNECTICUT ants authorised to do business in the etato of Texas, called •Sorety, are hall and firmly bound sotto the city of Denton, Texas, a wanicipal corporation, 1.11 Denton County$ Texan, hereinafter called weity, and w co all persons, firms and corporations vho nay furnish satrrials for or perform labor upon the buildings, structures or improvements rafarred to is the attached con eat, in the penal as of TWENTY SEVEN THOUSAND TWO HUNDRED FIFTY SIX AND N01100 (S 27,256,00 Dollarir lavful aODer Of tbA Mated itetam, to be paid in Denton, Denton County, Taaae, for the payment of which stab veil and truly to be made we bind ourselves, our hairs, executors, administrators, and suoeessoars, jointly ass severally. THE Condition of this obligation is much that: WMIA1, the Prihoipal anteres into a certala contract with owner, dated the 24TH day Of APRIL , is 96 , is the • proper pesforranw~vhids the C y o Dees F. ban an interest, a copy of vhich is hereto attached and made a part hereof, for the conetruation of: CONSTRUCTION OF AUT020NE STORE 01568 DALLAS DR, DENTON, TEXAS VAGN C" 0 • _ . 71 lot • 10y-07-99 A i1'42 AUIti20NE•,7F.AL-M E-JEP FAIT .'q• 9014359900 P.07110 Ml-tlr-ltb 10:4.1 "IT l 1l11l//1LIH1.A, r.LLY M1 mm, 'iMMATOM, it tea Principal atoll well, truly, and ~ faithfully cause to he performed ire duties and make or cane comtraoter to asks pragt payment to all peeso so girae, su(F aatractess, cerpsrmtloms and olaianta sappided lyray labor and material in the prosecution of the votR prer toe in said contract and any and all duly autkosisad modirieatiem at said coat-root that may herestter be redo, notioe of which ooditioation of the sorsty is bareW emprasaly rairad them tats obliption shall be voids olksrviso to remain in Wull iota sad argent. Provided further, that it any Lora notion be tiled wpem We bend, vow aball lie in Denton Opm%y, roam. AN TM said Nsrety for value received horebp etipsiatw and aososd tbat no Chan e, ext maim of time Altasatian or addition to the Corms of the Contract, or to the Work povtarmed therow4w, or the Plana, lpoeiftcatl~ Dr&vbpa state aosompanyiq the sass shall is amyri" affect its obligation an this bawd, am it doss hasrby Naive meting of Any nnk ohamps, entamsism at time alteration am addition to the taros of the contract, on to the Wank to be prfwmd thereunder. j la miTwilAP 11fRm0I, tale iastcamwmt is amutad in triylioe~ garOh am of abia! ,ball to doemad as arivinal, We tie 8TH of MAY , 19-11. MOM" NATIONAL FIRE INSURANCE AUT020NE, INC. COMPANY ❑F RARTFaRD i I / ~~l I ~Lc p)ti Lawrence E. Evans (L.M. BRYAN ) eCUtl Vice P sident Ci1t?fvT RSIGNED Y: r QQ 1 David W. Bar zak Assistant Secre ry mD!!i Ddd'i o1,'1A ,,Wn Off NOT Ns POLM TO OM dt OWNAM. N ' ~4 ~GOaQOagT~,:~ s i4, A7 A • A..l r t Naas ~o j i .....E+4L4w. J)W(A 'i ^;~it { ty f~''I 1 14Y )7-36 TJE '1'42 AUIO2011E-~M-c3TAIE-OEP FAX 40, 3014958900 P, 00/'r0 AAACISDr teOJlC'i' MO. ~G' l ! BOND #138054426 C W. COMAC'MI'S MA3OtTIMANCI OW (Dir"W"uAt' ownu4r) Tm sun or "W" coDMrr or adormtt I adtW ALL M U TNUA YRRS=Ts: That AUTOZONE, INC. P.O. BOX 2198 MEMPHIS, TN. 38101-9842 of SHELBY _ oeatty, l 'j hweLotatter sailed PrLwipal ani NATIONAL FIRE INSURANCE COMPANY OF HARTFORD 1000 RIDGEWAY LOOP RD. MEMPHIS TN. 38120 sea muthavised b business iii: W state of fans, called *fusty are bell and flatly based unto tbo ucity at Dwittem, call, • ww4alpal in Cst'a in 'COMA D SF[1E~ Balled eCitye !a the e postal l stem eta at -TWO-THTWENTY SIX 6 N01100---- fg2.726.00 Dollars, awful eefley the meted 14tes, the said as bei~t~ tart pumatt (10%) of tbs tow Wilmot of us baceinalter autMiaesd Cotttra0'tt lss the pay MSet at eIt10A am Mall ate trall to be tads we bind ma Ives, ow beirs, eeeoutetn, astinistsrteaa, attd suooessora, jointly and eavsrally. "M Caedition of this obligation 14 MUM that: otimoiaa, the ~c~no, I entwed into r certain vita gM:tei', "tad the TT4 H day of APRIL if 96 a is the pp~ssr~eppoaee f Wean eaoe` er"bbidn !hs ` , S+mw I Mo ae interact, a copy of which is borsto 84'aabod awe made a part patrol, tote the Oomsbucues oft CONSTRUCTION OF AUTOZONE STORE 81568 DALLAS DR. DENTON, TEXAS • fA41{ an i 0 Yt,Y-J7-9B TUF 11:43 Af OZ01~ SEAL ES Ale DEP FAN N0. 3814959900 P. 09M ,•.,.,s,-taw. ie,M l;l ,r ff ow,w rr-aware P. ea.oe 1101f, 'fwaQOmm, it the ?rlncipal ahail well, truly, and fatthtully msintaia AM Kwsl► !11 good repair tlt work aWnatod to he deft and performed for a paned of aft (11 year frog pho Ante of aaoertenq in writing by the Ci r of pwtoo and do all neI Gary work uft repair of any defeatlva cafditiofls acring out of or a: icing rrs tha Igp:oprr oorlc of tbo saw, lnaluding, but not mmUttom eof ~ the sack or part , thaanoALim reor iris! other def excavation, backrilliup, aanaacift or afq Other cause or mMittoo, know or wdo ' at any time daring Ut parted of this bond, Whiok the city omgiftew, rhOee Judgment mull be find ad conalmsive, deterslnen to to the rastll Of def6aUve fork, materials or labmi tkom t_h" OuLiyatien ebw11 be void, otisrwtso to remain in fail foros and atfout. In case the said Hriamlpal shall tall to maintain, ropmir Or reeprlatraat any dafective condition of tm WWk as dsta'gigM beggia, it is agrmmd that the City may do ,au Work tad sapply waft materials u rooocoary amt okar" the woe against the said w:inaipal AM safety ea this obligation. ;t is farther agrmd that this ehllption shalt be oastinusd Oft ageism the prtasiyml ed wunty and that war !va reseveriu may be had Woman fee lww wgi" alam0lEAa ei ' • ':.MMtiaeM hwwais pramr"" andl it the is NuMarr mod of 'Chia thaband GW4 have t the ablki been l"getiag to maiptsis acid Wert s1Mll aantif O thrOOP mt said maiartemmmfe MOW alfe1001:.1 yews any 640400 daring said ,ttmadimimleked, or in cry -i lb M=t fattbsr, that if may 1604 esttOn be filwd as this saint, vanse akell his in t»mtam Coafty. TA 1I1T1r1Rrd St~sOy, this iastramot is ahminted in trwicstsr eeeh au of Mlet shell M Mend ra aelgiaal, thin tie ~t My Of MAY n ahmpa p wtouir3 AUT020 E, INC. NATIONAL TIRE INSURANCE CU AN}j 0 HARTFORD mtf ltt Q~ Lawrence E. Evens (L,M BRYANT) - Executive Vice President • phait 2" GUUiti'4 DR 5 1kG U 13Y; KU 110i itl .A(i{..Ni , L vu,-dr-eo it .i ~a Allit~/,OtC:•.~f.AL-cSTA~i )EV rAK 40. 9014958910 m~-yr-1•tA. lU~M Cltt OF x4lo I pu"J 4~ P.A f 11QTSi POMLR 07 ATMWW 01 6Vi11'1':r Me- U ATTACM. OATS O/ OM / ■VST NM as Mom TO OATS 0/ oorrA Cd. ~ A'rTZST t /-~R9dFFJ1i~ ~ David M. Bar ak t Secretary OT jr OO c h4 r 'x 'VCVAq? •,nrnnnw~~' w PASS i , POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNFY-IN-FACT Know AM Men By These Presents, That COMrINENTAL CASUALTY COMPANY, an 116n % corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticul corporation, AMERICAN CF.°jIALTY COMPANY OF READING, PENNSYLVANIA, a PanrnyMnis corporation (herein coNactiwly calked'se CNA Surely Companies'), are only organized and exiting corporations K@wV their principal offices in Ce City of CMoapo end SbNN of Ain", and that they do by vw" of the apnature and vale herein affixed hereby make, eoretiluts and appoint Mary H, Tibbets, James S. Dickey, L. M. Bryant W. Joseph Laminate Cynthia J. Werner Indivmsualky I of Memphis, Tennessee Mer true arms lawful Aternsy(s)•in•Fact with KW power and authority hereby conferred to sips, "al and exacu a for and on their behaM bonds, underfaldrW and other obkgotory instnrnenb of sknilar nature • In Unl4nded Amounts - and to bird them thereby as UV and to the urns extent as rt such mstnrrents ware *VW by a duly authorized oMm or their corporations and all the acts of said Attorney, pwsumt to the eu liorky hereby given ore hereby IsViod and confirmed This Power of Attorney is made and executed pursuant to and by authority of the ByA ws and Resolutions, Printed on the rover" hereof, duly adopted, to Inulosted, by the Boards of Dkec6ua of the corporations In 1Mmness 1Meraof, the CNA Swat" Cort+perws hew caused these prewrts to be Nyred by their Group Via Pneldent and thek arporsts soak to bohereto af6xodon lfks 12th day of September , t996 CONTINENTAL CASUALTY COMPANY ca r NATIONAL FIRE INSURANCE COMPANY OF HARTFORDpAMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA ' ty' ro,( 16 M.C. Voroahxne Group Via President I SHts of Illinois. County of Cook, u. f On this 12th day of fiecternber 1M befaa ms psnorelly co" M. C. Vorwashnu to rue known, who, bshp by nor duly sworn, dd I pow arms ay: Cat horeeldes in the Yakp► of Donlan , Stems of INkrok; Cat hek s Group Pia President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA deacribW in and which executed din obow kathanerit; fin he knows fhe seek of sold corpaabora; that the seek eflhad to Ce said Inst~l we such oorponta sock; Cat they ware so aflbad Pursuant to authority paten by the Boards of Directors of odd cow 0" arms that he mind his north Vwkft pursuant to like authority, end acknowledges Mme to be tho set and deed of "Id corporallcow :U ell V 6. 4W& My Commission Expires October 19, 190 Linda C Dempsey Nokry Public CERTIFICATE I, John M. L)i , Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney Won above set kdh is etia in force. and hathar artily Cat this, By-Law and Resolution of the Roots of Dkoctors of each corporation primed on the revs roof are Nils in foJ~ I tosbmony whaW I have hereunto suboadbed my m To end affixed the seals of the said eorpor4one the day of AA_, • • CONTINENTAL CASUALTY COMPANY ,,aL sl{Wa~ r NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READINU, PENNSYLVANIA •W, 7 "N'I', ra feel q ra c3F John M. Later Assetam Secreary (Rev 7!14tM) • , Certificate of ]nsuranc,~ III P1I !FIR 111 HS(II AK1MAIIIRU AlUltALA1111AlAA'1.1ANII((IN'II.R1%I(IDI111'.•! IY1N )(I11 111119111K 111 VIII HIE I I ill,( 911111 t[I. IS NOI iV6A~I LDAIIY 111(1-A,AIIIKII ~AIt AUiN l1 EVIL Nil OR 41. EIHI(Ul'I9.A(,1AI lVnUF11(1111111A)I. 1(11511 c11' ))III. I(IW This Is to Certify that j - PROTECTIVE SEALING, INC. D1BIA Name and LIB~RI Y 00203 PLAN ROAD SU TE 02 address of MUTUAL: Insured. DALLAS, TX. 76236 Is, at the Issue date of tlis oeltlNcate, Insured by the Company urxAi IfLe p lIcy(Ies) listed below The insurance afforded by tIe listed pollcy(leg) [as IA c1 to all their 'arms, exausiorls slid conddi and is not altered by any requirement, tern or Condition of any CDnhad or odwr docurrI wilh respect to which this DO= may be 1Issued E%P. DATE I CONTINUOUS TYPE OF POLICY Lt EXTENDED POLICY NUMBER LIMIT OF LIABILITY _ X _P04tCY TERM " D UNDER WO EMINOYERBUAIAIIfY WORKERS 4130196 WC7.191.097747.195 LAW AW Of OE THE F FOLLOOULOEWING STATES, LAW Of , COMPENSATION WC2.191-097747.076 CA AL., AIR., AZ., CO,. CT., DE„ ~Bodily IT" By Acoldent i~ FL., GA., IS.. IL. IN„ KS., $600.000 Accident e E KY., LA., MA., Ml., MN., MO., Bodlylryuryby Disease MS., MT., NC„ NE., NJ., NM., $600,000 umilly NY„ OK., OR,, PA„ TN„ TX., Bodltri"Byosease I UT., VA., WI., WY. Each $W1000 f GENERAL 4130116 TB2.191.097747-135 General Aggroole•Other tlarProductafCoinpietedoperabor~ paleon_i LIABILITY $2,0001000 i;s OCCURRENCE I Pro&KftComf;1e(@dO entioneAgpregsta $1, 000 000 I. _ 1 CLAIMS MADE SodN 1*0 and Property Carl" DabINtY Per + OCCursne fnl.By Pefoand Advertp "'000,000 Per PenoN ~PIETRODATE 51,00"000 Oryanl=ellon Color iOther AUTOMOBILE 4130/99 AS2.191.097747.046 152000000 Each AcddaM-SklptaLbrdt LIABILITY B1. andPO.COnbkwd OWNED Each Person NUN-OWNED Each Accident or Occlarenn I," HIRED I Each Aockbolor boarrarXx OTHER. Y.(Alar, moPEarvoAwcor.rnsoNa naMYaAU.vlrw(o rumLweurv... 4!30199 TH2.191.097747-026 mop r UMBRELLA EXCESS T1``~aoa. ,o~wfaxiA"WIElone.BTw PnoDmtsoounncooPaunaru4 LABILITY s`ia4m wuoraeam&M MFAT"SA"II<IAtt Leer ADDITIONAL COMMENTS (i Autozone Store 300 Block Dallas Drive ADDITIONAL INSUREDIL Denton, Texas CC tZ y OF Denton I -If the condicsia seplratbn de Le is mminunus of aganded term, you will be lathed H eovenpe isle lmlreled of reduced belorc the oN111061e expratlon date. ePEC1AL NOUCE-0NIOI ANY PE RSUN WHO WIfH INTENT TO DFf RAw `i' 19 11,18 TATMIO A ERAUO AGAINST AN IIISUPER BUaWT9 AN APPLICATION OR FILES A Ct" CONTANINO A FALSE. OR DECEPTIVE 91ATEIAENt IB Uu,u ~ " NSUTWlCE FRAUD 0 NONCE M CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER Or DAYS 19 ENTERED BELOW.) BEFORE + • THE STATED F limpu Coll DATE INS COMPANY W LL HOT CANCEL OR REDUCE THE INSURANCE AffORDEO Liberty ll tUAI Group {f UNDER ItW ABOVE POLICILS UHnL AT LEAS1 30 DAYS N( IICE Or SUCH CANCELLATION HAS BEEN WAILS0 TO, City of Denton CLYD6NA M, AKIN ~A TE 221 N. Elm AUTHORIZED AEPRESENTATIVE Denton, Texas 76201 IRVING, TX, - JL (800) 443.2692 OFFICE PHONE huffinER DATE ISSUED Ilw rro l,Iv otr1 ,",v n6Jlq IILL RIY All IIlAI CR(H { r. rcarv l~.u.l n,mc,.,.rv.,fL,JJtI th,mI(.o,nlaml, 1157711. R2 r e , e OpOp~ o p o e aaocorcO°D oOG A. o~~OD o ~ s ~p 4 °00aaaooaooo~°° i i I i i a ' i i 1 • • PROJECT NO- CONTRACT NO. THE STATE OF TEXAS S COUNTY OF DENTON S whereas, ANDERSON MF.RCIIANDISERS, INC. hereafter referred to as "Owner," whose business address is _ r 4:1 E. ]4th Street Amaf111o, TX 79103 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 so "city"I 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 improvementu which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with the City's rjneci.fications, standards and ordinanceap and (select applicable provision a■ follows) whereas, the Owner elects to construct the Improvements without contracting with another party as prime contractor, in whicii case the provisions of this contract which refer to "Owner" or "Contractor" shall meal: the Owner as named abovet or 0 • i! i areas, the owner elects to make such Improvements hereafter not forth by contracting with outlay constrl,:tion, inc. , whose business address is 2553 E. Loop 820 N., Ft. Worth, TX 76118 , 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 I the City's specifications and that payment is made therefor] WITNESSETN As to the Improvements to be dedicated to the public, an specified in Exhibit A, attached hereto and incorporated by referenda, to be installed and constructed at LOT 1 BLACK 1 Denton Diytxibution Ctnter ~ the owner, Contractor and City, in consideratias of their mutual promises and covenants contained herein, agree as follows 1. Cloven latg 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 g to Standard Snsoir.i~i..... for Public Works Construction. North Central Texas, i • as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such PAGE 1 I e specifications, standards, regulations and ordinances being i expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) AlLthoritty of City Engineer Insoec ions. 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 Enginaer 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 rec.sonable 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 contractors expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work I or materials, or to follow any other request or order of the City Engineer or his representative, the City Engineer shall notify the Ovner 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. PAGE 3 • (c) Insurance. To provide for insurance in accordance with r the insurance requirements applicable to contractors as provided for in Item 1.26 of Division I of the Standard-Specifications for ub 'C~ Works Construction. North Central Texas, as amended, the i 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 Construction. That the means and methods of construction shall be such as Contractor may choose; subject, Y,wever, 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 Pity specifications. ~ 2. Mutual covenants of owner and Contractor. owner and i Contractor mutually agree as follows: I (a) performance 6onds_:___Kecroy.Xilreement. 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 I 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 leas than the amount necessary to complete the Improvements, as ! determined by the City Engineer, shall be submitted + guaranteeinq 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 yy 1 i a ~ i o 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) EAYffl-e-nt---B9Adj--A§jUrAnggL of Pavmgnt. 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 coat 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 su- .ty company authorized to do business in the State of Texas; or, (ii) if the total contract amount of all Improvements is $50,000 or less, as determined by the City Engineer, or the improvements, regardless of the contract amount, are for a "one lot development," as defined by City's Development Code, a>>d 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 a 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 a 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 Fnginesr, owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PAGE 5 i • material for, the construction of the Improvements, ' and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retainage; Final_Pavments. (This provision (c) applies only where the Owner and Contractor are not he unme party.] That as security for the faithful completion of the Improvements, Contractor and Owner agree that the Owre r 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 bec;omc t.hce pr.-)perty of the City free and clear of all liJns, cl irom, -Iiaror.: or encumbrances of any kind. if, after acceptance • of the Impiovements, any claim, lien, charge or encumbrance is made, or found to exist, against the Improvements, or land dedicn ted to the City, to which they are affixed, the Owner and Contractor shall upon notice bi the City promptl, cause such claim { • lien, charge or encumbrance to be satisfied and. released or • • promptly post a bond with the City in the amount of such claim, PAGE 6 I s , _ r lien, charge or encumbrance, in favor of the City, to ensure i payment of such claim, lien, charge or encumbrance. (e) Maintenance Bond. That prier 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) In4emnifL:.2 n- 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, ML: agents, employees or subcontractors; or on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in construction r of the improvements; and shall pay any judgment, with costs, which may ba obtained against the City growing out of such injury or 1 damage. • (g) Agreement Controlling. That the provision of this agreement shall control over any conflicting provision of any contract between the Owner and Contractor as to the construction of the Improvements. PAGE 7 y _ r' 0 i 1 e 3. OCCllDarticv: Ong._&4-,_.Developmente. 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 $3,900.00 as liquidated damages, but such payment nhall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the Owner shall not be issued a Certificate of Occupancy for any building constructed or located therein until all required public improvaments have been completed and accepted in accordance with this contract. 4. QQYenan of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. 5. Venue and Govern na.Law. The parties herein agree that this contract shall be enforceable In Denton County, Texas, and if legal • action is necessary in connection therewith, exclusive venue shall e • lie in Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court decisions of the state of Texas. PAGE 8 M in • :ysss.s~.Qr-nnL_-ADD1911D• Thir, contract r and inure to the 1re ha 11 be bind t ing peon nefit a[ cuccessorr and the parties hereto$ their respe~ti assign, we Executed in triplicate this, 40~~daY of " _ 149,6 OWNER ANDERS ME f{AWDISER9, INC. CONTRACTOR 80fl Co flY: NSF wZ^iE~[,_ Robert C. Schneider CITY OF J)MT(-,j, TEXAS r1 BY: CITY M MAGER ATTEST: MIFE1 ALTERS, CITY SECRETARY APPROVED AS ro LEGAL FORM: RERbERT L. PROUTY, CITY ATTORNEY fly: t~ i f PAO F. 9 . ...,r.,... 77- 1 i Y~y~J 1~i 1 •1 ? + /•~`i! ~ ;,;.t !~~<~QAtt~".k k, ..All. ~ rl ,'i 0 i AAA019DE PROJECT NO. 'IU r CONTRACT NO. G ~7 PERFORMANCE BOND THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S That of County, Texas, hereinafter called Principal and a corporation organized unler the laws of the State of and authorized to do business in the State of Texas, here rafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City" in the penal sum of Dollars, lawful money of the United States, for the payment of which sun well and truly to Is 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 the day of , 19 , in the proper performance of which the- City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part • hereof, for the construction of: • 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 duri)-g the original term thereof, and any extension thoroof which may be granted, with or without notice to the surety, PAGE ONE l • ' i i i May-17'-96 10.26A P.t12 - { i ' I p"" comm"W"Wo F.Ai111iI1 µA11 COST OF PUBLIC: Tl1SPROVN:MF,NTS 29;10 AIRPORT ROAD 11 nm,-E'I,YRATION LANK: Ihmohlinft.Submck.Nvinlitrving&Pa~irM $19,740 Z) WATER T.INYS PUBLIC 150 If 2" Tkmtm><ti,; Walvr 21691.1, M' Water 33111.1 F" "'atcr 7 (vwhI Firo Hydrant: 551.541 r • i T~ "&3r,laaymf#,nftmd Unit$ 0112)"04M wpltt)wwfs . r ~1 i I ddt_....iY.,.F9., ~9(i, 3 I'I H: BB5 HALLI•KiR4( RIID CO P.1/1 •.,.n 1. , a V ~,Ly T le p pO h100Y0611 ,K 11.x; y.M I .v .531. i.w..::h r !'9t S "pY' 05 0 6 TIO HTBBS HALLMARX & COMPANY olsrGAlvo CONrti6 No oaw~Irrtl BU oN~7W COTMATT! HoLOen »MS csnrnatrs cost rar A10040, E naM oli BOX 8357 rtk w oe ' sr TIIR Voucu anow. TYLER onMrAwES AFFOIIOINp L+pMq,~as TX 75711 O~OWAMWY A -BITUMINOUS CASUALTY CORP _ BUTLER CONSTRUCTION ` POTOMACC INSRANCE OI+ ILLINOIS 2553 E LOOP 820 N COIo ANr FORT WORTH TX 76118 - carANv :r; o "RBVISED G TIPICATE^ E TMS 10 TO OERTI/Y THAT THE >,eb•.3"3e,.' 'Rt 1yM'p :,,,:,w 9 _ + k» rO1101i0 9►sNa uRANCt uBrrP Kiow INVE SKIN ~n ~,4nvi ,....u.a' CMFDtO, NO' n'TNBTANffWp ANY RtOu iAwwwr, Trw OR CONDrtON Or ANY WSM TO THt IIIBt M NAMED ABOVE. rOh THE rOUOY MBRipO OtITTIFgAft MAY Bt IBSUEO OR MAY rERfAIN THE CONTRACT OR OTIWI DOCOWNr WTIH RF.trlOT Tp NMUtsI TIBr MOM OW AND AM~ORDlD OONOfl10f4 Of ft" MOU IV TH/ POL)M DEBGBBlO IlFgri N t110.1ECf TO ALL T1N TENMi, OWm UAGTB BROWN MAY MAY£ BryN REDIkEp By PAID CWN& w TYf'A - L711 MrrURMK'a 00um R'AR,rA ►01Cr Opp r~p~y 410 IIIIAMN'y) rAR=mm WIN 0Or ~~"'"^r X CLP2198790--- 8 03 95 8 0396 o~N_w4Baeann s2 00,000 ~wBRCUL A►eRAL w oarrr Aw MI- occw Mown -oornoM Aeo 17. X000 000 00"as A 00mrRAa*a a Mlor PSMp'W A AM WAY 11 000 000 RRBaAwe O w0.1 a 50 000 OA"' Occum"wif 'I ODD 000 AurAWAV? uABnm um Axr 5 000 ANY Aura 7 -71171-/'9 L5 1196 comoo 0 mm" r~.w um A11'000, 000 Mi Ormao Avroa CAP1816030 X Memo oimof ~ BOEAV wxw X WAM Awros Iw om" X N04*wmm wms - + ECDLLV *Amy I ` If ' Iw "0" s r.AAAae nagmr BANABB uAnurr AW A WO µiaer . u s LMI AOCOa/1T s r 'X°'NUAwm CUP1790405 00-' re X uMS.n~AInIM 08/03 9 0 03 96 rACH 5L0001000 024" "VA tM ONUA PO M n s5 000 000 WOmm" CCIIMBS"?m AM - nM 00PANWIV arty 'rurrNpwaravrne - WA RAW. ola.c is 211700 -08/03 9 as BUILDERS RISK 0396 PROP RTY 5,0 0,000 TEMP STGE 500,000 • TRANSIT 250,000 BnoRnlow a oseRAnailaieoA~~ ~y - ~ RE: DENTON DISTRIBUTION CENTER., DENTON TX MYERS & CROW CO., LTD, ANDERSON MERCHANDISERS, INC., AND CITY OF DENTON ARE NAMED ADDITIONAL INSUREDS ON THE GENE LIABI TY [7Mg L,ICI IRS. MYBR9 & CROW COMPANY LTD 81*U AM BM IN ADM QUO rwle~I K m summ Von I S • .ULUT" BAR "4110M. 7111 "Jft DEANAW N{L WOUVBR N" 3811 TURTLE CREEK BLVD N1020 u- BAN Ir111Am OR" 10 "w BBRTRAm MB m KWO TO r11r UMf DALLAS Bur rASAO~ To IIAL IVeI Ilrrre0 BIIAII BI►OIt w BBNB►ROr BR uaBBwY TX 75219 a a Dlt ABBIII r ' 1111 ' AYr11o0!/ - ,w HIB 4K 4B A • THE AMERICAN INSTITUTE OF ARCHITECTS r AIA Document A311 Performance Bond POND NO. ADF91682 KNOW ALL MEN BY THESE PRESENTS that 13UTLLA CONSTRUCTION INC. 2553 E. Loop 820 N, Ft. Worth, TX 76118 Mne m,Vl full lo. rod addled el leld hilt OP CW118tour) as Principal, hereinafter called Contractor, and, American Diversified Insurance Company c/o American Diversified Financial Services, Inc. Mete Iwrl lull Mme ,nd addree 00 Iepl Title 01 Surna7 2121 Wisconsin Avenue N.W„ Suite 320, Washington, DC 20007 as Surety, hereinafter called Surety, are held and firmly bound unto city of Denton 221 Elm Street, Denton, TX 76201 Mne r111Ot IYII Mme elld adatnt o11e61I Illle 01 0.en111 as Obligee, hereinafter called Owner, in the amount of j Eighty Thousand Dollats ($80,000 for the payment whereof Contractor and Surety bind Ihemselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated may 6 19 96, entered into a contract with Owner for Mere uueM lull nine, addlnt and dntnpoon of Or01eto Anderson Merchandisers Distribution Center I 2930 Airport Road, Denton, TX Public Improvements • in accordance with Drawings and Speci'ications prepared by owner • • (Mpe Intell full nl Me and add,N, 0, 11101 Oil, 01 Aft Ml Kll which contract is by reference made a pan hereof, and is hereinafter referred to as the Contract, AIA DOCUMENT A)11 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT aOND a AIA 0 FEBRUARY }91(1 EE). . THI AMERICAN INSTITUTE OF ARCHITECIS, 17)5 N.Y. AVE., N,W., WASHINGTON, D C, X W t f PERFORMANCE BOND NO"', THLRHORE, THE CONDITION Of THIS OBLIGATION is such that, if Contractor shall promptly and failhfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surely hereby waives notice of any alteration or defauhS under the contract or contracts of completion extension of lime made by the Owner. arranged under this paragraph) ssdfrcient lunds lo pay The Whenever Contractor shall be, and declared by Owner cost of completion less the balance of the contract price; be in default under the Contract, the Owner haven but not exceeding, including other costs and damages to g for which the Surely may be liable hereunder. the amount performed Owner's obligations thereunder, the Surety set forth in the first paragraph hereof. The term "balance may promptly remedy the default, or shall promptly of the contract pate," as used in this paragraph, shall 11 Complete the Contract in accordance with its terms mean the total amount payable by owner to Conlracloi and conditions, or under the Contract and any amendments therein, less the amount properly paid by owner to Contractor 21 accordObtaainnce a wibidth its terbidsms for and completing the Contract in Any suit under This bond muss be minuted before a west responsible and upon up boniddderr, , the expiration of Iwo Of years from the date on which of, i Itermination thhe e QbywnSer Surely elects, the lo upon west determinaoon by the final payment under the Contract falls due, or, if Owner and The Surety jointly of the lowest responsible No right of action shall accrue on this bond lo or for bidder, arrange for a contract between such bidder and the use of any person or corporation other than the Owner, and make available as Work progresses (even Owner named herein or the heo%, executors, admmis- though there should be a default or a succession of tr7lo(s or successors of the Owner. ,I Signed and scaled this 15th day of may 1996 Butler Consiruation Inc. J~~~~e~ l!{I 'Plrrll gr.rl~ --)clh f W, me>' 1 'fide) ? American Diversified Insurance Company ~11 tSO11'r~~ nfAII rdi f . S4rln1'+~I 0'1 Thoraes J 1ex. Attorney-In-Faot 1 t AIA DOC:UMINT A371 PIRFSIRMANCE BOND AND LARr)R AND MAURIAL PAYMINt BOND • Ain 0 FEBRUARY 1978 11) r THE AMIRICAN INS1HUTf OF ARCH IIfC IS, 1115 N.Y. AVE, N.W„ WASHINGTON, O. Cr 10006 Z • THE AMERICAN INSTITUTE OF ARCHITECTS t: A1A Document A311 Labor and Material Payment Bond THIS O S NOS g PERFORMANCE OwNLRCONDITIONED ON 1HEf ULIAND ;A11HV PERFORMANCE Of 1KL CONTRACT BOND NO. ADF91682 i;NOW ALL MEN BY THESE PRESENTS; that BUTLER CONSTRUCTION INC. Half, iMPI 1.11 nrmt and rddren or Itpl out e, ennlatfir 1::53 E. Loop 820 N, Ft. Worth, TX 76118 as Principal, hereinafter called Principal, and, American Diversified Insurance Company r„err, rottll lull nrmt and rdd,tM er Irpr Wit of SWlir c/o Tt+erican Diversified Financial Services, Inc. 2121 W.mconein Avenue N.W., Suite 320, Washington, DC 20007 as Surety, hereinafter called Surety, are held and firmly bound unto City of Denton IMtre ln,ei full li Ind Ali of It4d Wlr or Ow r1 221 Elm Street, Denton, TX 76201 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow deigned, in [lie amount of hiyhty Thousand iNru 11140 A ,Wm IOWA, to n Err ""hall 01 in, tonuatl li"W Dollars (5eo,0DO for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, • successors ant assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated May 6 19 96, entered into a contract with Owner for rMpr rniell lull Mrrtr, addR,t and dHe14PUen e'9rofHt) . Anderson Merchandisers Distribution Center ` • 2930 Aa.rport Road, Denton, TX Public improvements in accordance with Drawings and Specifications prepared by Owner lififfe nl mu e. n. and Nam, e. leFrr ,tut of ArehMen which contract is by reference male a part hereof, and is hereinafter referred to as the Contract. A `5 AIA f1aRU RV DOCUMENT III - AMfRgCAN'~INS1L11UOENO1 ARCHITECTS, 1 35 N,4 AVE,,,INtwP WNIT D. C.17a00b 3 1 - • i 1 i w LABOR AND MATERIAL PAYMENT BOND NOW, TioRtroRi, THt CONDITION Of THIS OBITCntION Is such that. if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and maleriel used or reasonably required for use in the performance of The r Contr.U, then they obligation shall be void, otherwise it shall remain in lull force and effect, subject, however, to the fol- lowing conditions. 1. A claimant is defined as one having a direct con- accuracy the amount claimed and the name of the party tract with the Principal or with a Subcontractor of the To whom the materials were furnished, or for whom Principal for labor, matenal, or both, used or reasonably the work or labor was done or performed Such notice required for use in the performance of the Contract, shall be served by mailing the same by registered mail labor and ma!rflal being construed to include that part of or certdred mail, postage pirpaid, in an envelope ad- water, gas, power, light, heat, oil, gasoline, telephone dressed to the Principal, Owner or Surety, as any place service or rental of equipment directly applicable to The where an office is fegulady maintained for the trans. Conlracl. action of business, or served in any manner in which legal process may he served in the state in which the 2. The above named Principal and Surely hereby afars,ud project is located, save t'nar such service need jointly and severally agree wish the Owner Thal every not be made by a public officer. claimant as herein defined, who has not been paid in bI After the expiration of one (1) year following the full before The expuatlon of a period of ninety 1901 date on which Principal ceased Work on said Contract, days after the date on which The last of such claimants it being understood, however, Iha[ if any, limitation em• work or labor was done of performed, or materials wort buried in this bond is prohibited by any law controlling furnished by such claimant. may sue on this bond for the conuruciun hereof such limitation shall be deemed the use of such claimant, prosecute the suit to Imal to be amended so as to be equal to the minimum period judgment for such sum or sums as may he justly due of lim tahon permitted by such law. cfai-naru, and have execution thereon The Owner Shall a Other than n a state court of competent jutrsdiclion not liable for the payment of any coals or expenses In and for the county or other political subdwislon of of any any such suit. the state in which the Project, or any part thereof, is I siluated, or in the United States District Court for the 3 No suit or action shall he commenced hereunder district in which the Project, or any part thereof, is sit. by any claimant uated and not elsewhere, A) lJnless clannani, other than one having a difecT contract with The Principal, shall have given written 4 The amount of this bond shall he reduced by and notice to any two of the following. The Principal, the to the extern of any payment or payments made in good Owner or Ili(. Surely above named, within mnely (90) faith hereunder, Inclusive of the payment by Surety of days after such claimant did or performed the Iasi of mechanics' (lens which may be filed of record against The work or lahoi, or furnished the last of the malenals said Improvement, whether or not claim for The amount for which said claim is made, stating with substantial of such lien be presented under and against this bond. Signed and scaled this 15th day of may 19 96 Butler Cor■~r+r^+ i on Imo fPrrnc ipall beau f1Nhd Amerloan DiveraIll,od Insurance Company Seat 1 ~ ~N~,Inrly ~ Y r I Thomas Ashyey Attorney-In-root AIA DOCUM(NI A111 PIRfORMANCI BOND AND IAROR ANf) NTAI1RIAt PAYSAIN1 B1/ND • AIA 0 rIBRUARY 1970 ID.. lHI AMIaICAN INSTI1U71 OF ARCHITICI6, 17 is N Y. AVI., N.W.. WASHINtODN, D. C. 20006 • • BOND NO. ADF91682 POWER OF ATTORNEY AMERICAN DIVERSIFIED INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, That American Diversified Insurance Company does hereby, make, constitute and appoint as its true and lawful Attorney(s)-In. Fact, with full power and authority for and on behalf of the Company to execute and deliver and affix the seal of the Company thereto if a seal Is required, bonds, surplus lines coverage insurance, excess coverage insurance, undertakings, recognizance or other writlenobligatlons In the nature thereof as follows: Thomas J. Ashley All written instruments, and to bind American Diversified Insurance Company thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of the By-Laws of the Company, which are now in full force and effect. The Board of Directors shall have the management of the business of the Company, and in addition to the powers and authorities by these Byhws expressly conferred upon them, shauexercise all such powers end do all such actsand things, a may be exercised or done by the corporation. The Board of Directors may appoint additional officers and agents to perform such duties. This Powero(Attomey issigned and sealed by hcslmue under and by the aulhorityof the following resolutions adopted by the Board of Directors of American Diversified insurance Company at a meeting duly heid on July 20,1992. RESOLVED that the President, and Vice-President, or Assistant Vice-president, In conjunction with the Secreury or any Assistant Secretary, may appoint attomeys•Irvfact or agents with authority as defined or limited In the instruanrit evidencing the appointment In each case for and on behalf of the Company to execute and deliver and affix the $eal of the Compony to bonds, insurance pollckn, binders, undertakings, recognizance, and suretyship obligations of alltkin h~ rid ofdters may remove any such allomey•in•fact or agent and revoke any power ofattomeypreviously granted pe RESOLVED FURTHER that any bond, insurance policy and binder, recognizance, or suretyship obligation shall be valid and binding upon the Company (q when signed and sealed by the President, any Vice-President, or Assistant Vice-president, or (H) when duly executed and sealed (if a seal be required) by one or more attomeys•in•fact or agents pursuant to and within the limits of the authority evidenced by ttm power of attorney issued by the Company to such person or persons, RESOLVED FURTHER that the slgnalwe of any authorized officers and the seal of the Company maybe affixed by haimUe to any power of attorney or certification thereof authorizing the execution and delivery of any bond, insurance policies and binders, undertaking, recognizance or sure tyahlp obligation to the Company, and such signature and seal when soused shall have I he same force and effect as i hough manually affixed. IN WITNESS whereby American Dl versified Insurance Company has caused these presents tobtaigned by its proper officer, and its corporate seal be affixed this the 20th day of July, 1992. AMERICAN DIVV9R,SIFP3D 1NSVRANC9 COMPANY Byt W. W. Coopess hesldam • • L the undersigned, Secretary of American Diversified Insurance Company, cetttfy that the foregoing and attached power of Attorney remains in fuu force and has not been revoked, and furthermore, that the provisions of the By-Laws of American • • Diversified Insurance Company and the Resolutions of the Board of Directors set forth in the Power of Attomey are now In force. s SIGNED AND SEALED THIS _2th DAYOF May 19~ Pat kandau, saaetay • • i r. ~ .;.Y'. 1, !':$ar~~wri~lst:+~~lld.+itt5i'~i.S~t%f~C`h"~{~i'I%v~a i0,~'~.a~~if"f"tX.iLSK$'k&"tFa~j<.vYtY°frf✓+r d:.:~A~a~~ru J~ 1 OVGOO°~G OQQ CiQO00oo0, V / p d 4 OO~~~ M r o N t 0'° ~00oooaoaoooo°° . ac~.uo~R2N •.91 C..1C,64 • • w PROJECT NO. ~I CONTRACT NO. THE STATE OF TEXAS S DEVELOPMENT CONTRACT_ COUNTY OF DENTON S Whereas, Lodge Construction Co„ Inc.' L-) d r. cj hereafter referred to as "Owner," whose business address is f 12225 Greenville Avenue, Suite 118 Dallas, Texas 75247 - i is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and Whereas, Owner wishes to develop the property and such I development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "City"; and Whereas, as a condition to the. beginning of construction of said development, a development contract is required to insure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with the City's specifications, starddards and ordinances; and • (select applicable provision as follows] J -J Whereas, the Owner elects to construct the Improvements without contracting with another party as prime contractor, in J which case the provisions of this contract which refer to "Owner" of "Contractor" shall mean the Owner as named above; or PAGE 1 • X Whereas, the Owner elects to make such Improvements hereafter set forth by contracting with Austin Bridge & Road, Inc. whose business address is 11143 Goodnight Lane Dallas, Texas 75229 hereaf ter referred to as "Contractor"; and Whereas, Owner and Contractor recognize that the City has an interest in insuring that the Improveme„t,s 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; WITNESS M 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 Estates of Forrestridge, Section II the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows; 1. Covenants of Contractor. Contractor agrees as follows: • (a) Specifications. To construct and install the Improvements in accordance with the procedures, specifications and standard contained in Division II and III of the City's Standard Specifications for Public Works Construction, North • Central Texas, as amended, and all addendums thereto, and all • • other regulations, ordinances or specifications applicable to PAGE 2 w r. i a i I ' i such Improvements, such specifications, standards, regulations and ordinances being expressly incorpurated herein by reference and being made a part of the agreement as though written herein, (b) Authority of City Engineer; Inspections, Tests and Orders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer of his representative. The City Engineer shall decide all questions which arise as to the quality and I ` acceptability of materials furnished, work performed, and the f interpretation of specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascer- taining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. Upon failure of the Contractor to allow for Inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthor- lzed 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 0 of the City Engineer, the City shell have no obligation under • d this agreement to approve or accept the Improvements. 1 PAGE 3 i I i I l (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as i ' provided for in ltem 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 stecifications. 2. Mutual Covenants of Owner and Contractor. Owner and Contractor mutually agree as follows; (a) Performance Bonds; Escrow Agreement. That if building permits are to be issued for the development prior to completion and accaptance of all improvements that are to be • dedicated to the public, the following security requirements shall apply, unless the development is ,3 "one lot development," as defined by City's Development Code, (i) a performance bond in an amount not less • than the amount necessary to cocplete the Improvements, as determined by the City • • Engineer, shall be submitted guaranteeing the full and faithful completion of the PAGE 4 - .r.: • • Ii Improvements meeting the specifications of the shall be in favor of the City, and sha0 executed by a surety company aut i to do business In the State of T' :a.. 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, s determined by the City Engineer, may be deposited with a bank as E escrow agent, pursuant to an escrow agreement insuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. i (b) Payment Bond; Assurance of Payment. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (1001) of the approximate total cost of the contract cost of the Improvements guarantee- Ing the full and proper prot,ction 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 due to any person, firm or corporation having furnished labor, material or both In the construction of the Improvements shall be fully paid and satisfied before acceptance of the Improvements by the City and that prior to acceptance of the Improvements, the Owner • • and Contractor shall furnish a written affidavit, in a form provided by the City PAGE 5 • j Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of the Improvements have been i paid in full and that there are no unre- leased recorded liens filed against the Improvements, or land to which they are affixed, that are to be dedicated to the public. That, upon the request of the City Engineer, Owner of Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retainage; Final Payments. (This provision (c) applies only where the Owner and Contractor are not he same party.) That as security for the faithful completion of the Improvements, Contractor and Owner agree that the Owner shall retain ten percent of the total dollar amount of the contract price until after final approval or acceptance of the improvements by the City. The Owner shall thereafter pay the Contractor the retainage, only after Contractor has furnished to the Owner satisfactory evidence that all indebtedness connected with the work and all sums of money due for labor, materials, apparatus, fixtures or machinery furnished for and • used in the performance of the work have been paid or otherwise satisfied. (d) Encumbrances. That upon completion and approval or acceptance of the Improvements of the City, the Improvements • • wall become the property of the City free and clear of all 0 j e i a 1 liens, claims, charges or encumbrances of any kind. If, after acceptance of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the f Improvements, or land dedicated to the City, to which they are I affixed, the Owner and Contractor shall upon notice by the City promptly cause such claim lien, charge or encumbrance to be i satisfied and released or promptly post a bond with the City in the amount of such claim, lien, charge or encumbrance, in favor of the City, to Insure payment of such claim, lien, charge or encumbrance. (e) Maintenance Bond. That prior to approval or acceptance of the Improvements by the City, to furnish a maintenance bond in form and substance acceptable to the City, in the amount of ten percent (101) of the contract amount of the Improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that appear within one year from the date of acceptance. The bond shall be in favor of the City and shall be executed by an approved surety company authorized to do business in the State of Texas. (f) Indemnification, To indemnify, defend and save • harmless. the City, its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received as sustained by any person, persons or property on account of • the operations of the Contractor, his agents, employees or • • J subcontractors; or on account of any negligent act of fault of PAGE 7 • • i 3 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 f of such injury or damage. 1 (g) Agreement Controlling. That the provision of this i agreement snall control over any conflicting provision of any E i contract between the Owner and Contractor as to the construction of the Improvements. 3. Occupancy; One Lot Developments. Owner further agrees as follows; (a) That Owner will not allow any purchasers, lessee, or otner person to occupy any building within the development until all improvements are completed and accepted by the City, and that upon violation thereof will pay the City $3,000.00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the Owner • shall not be issued a Certificate of Occupancy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract. 4. Covenants of City, That, upon proper completion of the Impruvements in accordance with this agreement, the City agrees PAGE 8 . i i i the Contractor, his agents, employees or subcontractors in construction of the improvements; and shall pay any judgment, with costs, which may be obtained against the City growing out of such injury or damage. (g) Agreement Controlling. That the provision of this agreement shall control over any conflicting provision of any contract between the Owner and Contractor as to the construction of the Improvements. f 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 $30000.00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the Owner • shall not be issued a Certificate of Occupancy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance • with this contract. • • 4. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees PAGE 8 f • i i 11 I to accept the Improvements. S. Venue and Governing Law. The parties herein agree that r this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and provisions I of this contract shall be construed in accordance with the laws and court decisions of the State of Texas. 6. Successor and Assigns, This contract shall he binding upon and inure to the benefit of the parties hereto, their respective successors and aasigns. Executed in triplicate this, i4th day of May 19 96 . OWNER CONTRACTOR LODGE C ~L'P7ON CO., INC. AUSTIN BRIU E BY BY: ry . twood, Vice President CITY OF DENTON, TEXAS BY.~Y1MANAGER ATTEST: J APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY , CITY ATTORNEY BY PAGE 9 • • Q Austin Austin Bridge & Road An Austin Industries Company Abslin Bndge 8 Road, Inc. February 23. 1996 o/Fw PsvhV DWWW 11143 GoodnighI Lane Uahas,Texas 75229 214 4848863 2 21498-7173 W840) Lodge Construction Co., inc. 214406-8256)Accounung Fax) c/o Dal-Tech Engineering. Inc. 2144068243 (EVimalir(? Fax) , 17311 Dallas Parkway, Suite 200 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: Estates of Forrestridge, Section II Denton, Texas APPROX UNIT ITEM DESCRIPTION: QTY. UNIT PRICE AMOUNT Uncl Street Excavation 17,700 C.Y. $2.21 $39,117.00 Lot Benching 43 L.S. $155.00 $6,665.00 5" 30000 R/C Paving 9,282 S.Y. $1b.04 $139,801.28 7" 300011 R/C Paving 3,461 S.Y. $17.33 $59,979.13 Lime Stabilized Base Course 13,561 S.Y. $1.50 $20,341.50 Hydrated Lime (3010/SY) 203 Tons $61.00 $16,443.00 Barrier Free Ramps 10 Each $535.00 $5,350.00 Street Barricade 41 L.F. $26.25 $1,076.25 Street Header 41 L.F. $4.10 $168.10 Ad,j MH, CO. Wtr Valves in ROW 1 L.S. $5,200.00 $5,200.00 Erosion Control 1 L.S. $1,300.00 $1,300.00 Topsoil/Seed Parkways 6,524 S.Y. $0.170 $4,566.80 Remove Exist Header Barricade 41 L.F. $8.00 $328.00 Bond 1 L.S. $4,000.00 $4,000.00 • Total.... $304,136.06 See Attached B!.d Qualifications. Partial payments shall be made on the tenth day of each month for 90% of work completed during the preceding month. Upon completion and acceptance of our wort: by the City, final payment, including retainage, shall be made • upon receipt of our invoice, with interest at eighteen percent (18%) • • per annum chargod on any amount remaining unpaid thirty days thereafter. together with reasonable attorney's fees and cost of collection, if incurred. i 1 i • l 1 Austin Wages paid ehall be of the prevailing Highway-Heavy Scale. i 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- out our written nonsent. Your acceptance of this prcposal by signing and returning original copy to us wi ten days and the approval by us of credit arrangements, will c i.{te a contract. ACCEP U: AUSTIN BRIDGE &ROAD. INC. 13Y. BY : C41_ L -1 n CGJ16 J Hich el U. Uucote' TITLE: Contracting Manager a DATE:__ 11143 Goodnight Lane Dallas, Texa6 75229 BANK REF: _ (214) 484-8863 (214) 406-8243 Fax OTHER hEF;_ _ f • , I• ~ • s . 1 • I B I D Q U A I, I F I C A T I O N S Austin J PROJECT: ESTATES OF FORRESTRIDGE, SECTION II, DENTON, TEXAS BID DATE: FEBRUARY 23, 1996 The price for Excavation includes Clearing & Grubbing of the R.O.W. & Excavation of the Streets. This price does not include the haul-off of any surplus material. The contract time for completion of this work is 20 working days for the Excavation & 25 working days for the paving. Owner will pay as extra for engineering, layok:t, testing, permits & inspections required by City, County, or Owner. These prices based on 1 move-in for stabilization & 1 move-in for concrete pavement. If additional move-inm are required there will be an additional charge or $3,000.00 for stabilization and $5,000.00 for concrete paving. Grading covers only material on jobsite. Utility contractor to compact subgrade & parkways to project spec. & bring rough grade to + or - one-tenth of a foot. Utility contractor is to clean up his excess excavation prior to our moving on th:: job and get compaction in all utility ditches. This bid does not include any pavement m ,kings, wheelchair ramps, sidowglk, brick pavers, conduit cross!-;,:-, or light pole foundations unless called out in the proposal as a bid item. Items will be measured to determine quantities for final payment. Retainage will be paid in full upor ftsuring of final quantities, and acceptance of our work by the City ':c Denton. Austin Bridge & Road, Int.'s indemnification shall be to the extent of our own negligence. Austin Br,.~ge & Road, Inc. shall have no liability for design. • i• • • ~ • i 1 i 1 I Auxin 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. . r Any contract other than this proposal shall be subject to approval by i Austin Bridge & Rcad, Inc. I Contractor shall have the right to assign this contract to any other wholly-owned subsidiary of Austin Industries, Inc. provided the contractor shall remain secondarily liable in the event of default by contractor's assignee. 7 r....n IU:fYW e 1379L PROJECT NO. - If CONTRACT NO. CONTRACTOR'S PERFORMANCE BOND WrDno-66-3J90 THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS; i COUNTY OF DENTON S i That Austin Brides & Road,Inc. of 11143 Goodnight Lane Dallas, Texas 75229 Texas hereinafter called "Principal" and British American Insurance Company a corpo- ration organized under the laws of the State of As 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 "Zity", and Lodge Construction Co., inc. hereinafter called "Developer", in tf~* penal sum of three hundred four thousand one hundred thirty six dog 06 100 104L136.06 lawfu money o. t e n to States, to be pa in Denton ounty, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these present,. THE CONDITION OF THIS OBLIGATION is such that WHEREAS, the Principal entered into a certain contract with Developer dated as of the 14th day of May 19 96, (the "Contract"), a copy of which is attached hereto and made a part hereof, for construction of Street Paving Improvements to serve Estates of Forrestridge, Section II an Addition to the City o Denton, Denton County, Texas; 77 1 i 1 r l NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the City and/or Developer with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the City and the Developer from all costs and damages which each may suffer by reason of failure to do so, and shall reimburse and repay the City and the Developer all outlay and expense which the City or the Developer may incur in making good any default, and shall promptly make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution o the work provided for in such Contract, and any authorized extension or modification thereof, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, Texas, and the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is execute' in tripli- cate, each one of which shall be deemed an original, this the 14th day of May 19 96 PRINCIPAL AUSTIN BRIDGE 6 RQAIL INC. S C TAR PA B 64y DL/ Atwood, Vi Prey ent 11443 coodni ht Lane ! 0 _ Dallas, Texas 75229 Tess CONTRACTOR'S PERFORMANCE BOND/PAGE 2 , 1 I • 1 I : PRIG AL 11143 Gaodnl Me Lane Dallas, TX 75229 Ac ss f ' SURETY BRITISH AMERICAN INSURANCE COMPANY BY: Al V I I (L SECRETARY (SURETY) Attorney- n- •a , i Poet Office Box 1590 Dallas, Texas 75221-1590 ress I ES Post Office Box 1590 Dallas, TX 75221-1590 (AdUress) NOTE: POWER OF ATTORNEY OF SURETY MUST BE, ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. • 1 i - CONTRACTOR'S PERFORMANCE BOND/PAGE 3 r. ~1 'S4 i •5'~P~,` .{1 5 4 111 i • I I PROJECT NO. l(j' I I _ CONTRACT NO. ` CONTRACTOR'S PAYMENT BOND eor;or,o~3/t3V THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON 4 That Austin Bridge 6 Road, Inc. of 11143 Goodnight Lane Dallas, Texas 75229 Texas hereinafter called "Principal" and British American f nsurance Company a corpo- ration organized under the laws of the State of Texas and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation in Denton County, Texas, hereinafter called "City", and _Lodge Construction Co., Inc. hereinafter called "Developer", and unto all persons, firms and corporations who may furnish materials or perform labor for the building or improvements here- inafter referrod to in the penal sum of three hundred four thousand • one hundred thirty nix dollars and 06/100 _ 304,136.06 ) law.ul money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that WHEREAS, tho Principal entered into a certain contract with Developer dated as of the 14th day of _ May 19 96 (the "Contract"), • _ I a copy of which is attached hereto and made a part hereof, for construction of Street Paving improvements to serve Estates of Forresttidlet, sectlon II an Addition to the City oo... Benton, enton County, Texas; 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 547Zd, Revised Civil Statutes of Texas, as recodified in Chapter 53, Subchapter I of the Texas Property Code, supplying labor and materials In the prosecution of the work provided for In said Contract, then this obligation shall be null and void, otherwise, it shall remain in full force and effect. This Bond is 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, Texa The said surety, for value received, hereby stipulates and a,cees 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 • a,iy beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed In tripli- cate, each one of which shall be deemed an original, this the 14th day of May 19 96 • PRINCTPAL • • AUSTIN BRIDGE 6 ROAD, INC. CONTRACTOR'S PAYMENT BOND/PAGE 2 77 I a 1 _ BY: SECRETARY (PRINCIPAL) Gary D. Atuj ce r s e ll143 Coodniseht Lane Dallas. Texas 75229 t A Tess III u-ic.~~/ri(LY1nc~ I~I T E AS TO PRINCIPAL 11143 Goodnight Lane Dallas, TX 75229 (Address) SU~;tTY BRITIF11 AMEFICAN INSURANCE COMPANY _ BY: ~LLI~X ,r - _ , SECRETARY--MP Attorney- n-.a .t Post Office Box 1590 Dallas, Texas 75221-1590 L~ ~Address) WITNESS AS TO SURETY Post Office Box 1590 Dallas, TX 75221-1590 (Address) NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. s .f • • • CONTRACTOR'S PAYMENT BOND/PAGE 3 .....-y._.. w-_.."...a.-MgMw__., .....may 11 AWJL~ i BRITISH AMERICAN INSURANCE COMPANY POWER OF ATTORNEY Corporate Headquarters, 3535 Travis, Suite 300, Dallas, Texas 75204 KNOW ALL MEN BY THT,SE PRESENTS: ' i That BRITISH AMERICAN INSURANCE COMPANY, a Texas corporation, does hereby appoint: George Hulsey, Dawn Knight, J,E, Schram and Paul W. Hill: of Dallas, Texas - - its true and lawful Attorney(s)-In-Fact, with full authority to execute on its behalf bonds, undertakings, recognizance and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the company thereby. IN WITNESS WHEREOF, British American Insurance Company has executed these presents this _s_ day of h c _ 1994. Paul W. Hill, President l I STATE OF TEXAS § COUNTY OF DALLAS § On this lst day of _Juuc_, 1994, befote me came the above named officer of British American Insurance Company, 1 to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing I instrument and affixed the seal of said corporation thereto by authority of his offices WAM 1~ .0, p0jam /4 1 MIT IW1 /IA1idi ~r Ilrtg Notary Public In a Eor th o Texas +;70.5007 CERTIFICATE i Ilse appointment is made under the authority of the following resolution, adapted by the Executive Committee of the Board of Directors of Sri fish Am dean Insurance Company u a meeting held on the 25th of march, I9so. 'RESOLVED, that the President shall le aid is hereby vested wnh the full power and auC,ority to nppoha any arse or mone suitable persons as Auonsey(s)• i m Fact to represent and act for and on behalf of the Company subject to the following provisions 1. Attorney in-Fact may le given full Power and authonty as outlined In one Power of Attorney for and in the name of and on behalf of the Company to sxecute, ♦ acknowledge and deliver fidelity and surety tends and other bonds, consents of surety, consents to modifications of surety contracts as may to required in the ordinary course tf business, A notices and documents canceling or terminating the Company's liability thereunder, and any such hicrurnenti so executed by any such Attorn-y in Fact shall be binding upon the Company as if signed by the President and sealed and arrested by the Corporate Secretary. i 2. The fsesimile signature of the officers and the seal of the Company shall be valid and binding upon the Company in the execution, auctlatisis and sealing of any Instrument appointing an Attorney -in. Fact.' t, Dawn Knight, Assistant Secretary of dritish American Insurance Company, do hereby certify that the above and foregoing is a true and ce.rect eoPY of a Power . of Attorney executed may said Company, which is sti11 in force and effec4 and, fu tthertrwrc. the resolution of the Executive Committee of the Board of Directors, as mi forth ten the Power of Attorney, is now in force. IN WITNESS WHEREOP, I have hereunto set my hand and affixed the seal of the corporation 141h May 96 this day of 19 Dawn Knight, sistant Secretary J • IMPORTANT NOTICE AVISO IMPORTANTE To obtain Inforn ation or make a complaint: Para obtener informaclon o para someter una queja: You may contact your agent. Puede comunicarse can su agent You may call British American Insurance Company's Usted puede flamer at numero de lelefono gratis de toll-free telephone number for Information or to make British American Insurance Company's pare a complaint at inform.iclon o pare someter una quoja at 1400.9644242 1.800.9644242 Usted tambten puede ese6blr a British American You may also write to British American Insurance Insurance Company: Company at: P.O. Box 1590 P.O. Box 1590 Dallas, TX 75221-1590 Dallas, TX 75221.1590 OR OR 3535 Travis, Suite 300 3535 Travis, Suite 300 Dallas, TX 75204.1468 Dallas, TX 75204.1488 Puede comunlcatse con at Departamento de Seguros You may contact the Texas Department of Insurance de Texas pare obtener informaclon acera de to obtain Information on companies, coverages, rights companlas, coberturas, derechos c quejas at or complaints at 1400.262.3439 1-800.262.3439 Puede escribir at Departamento de Seguros de Texas You may write the Texas Department of Insurance P.O. Box 149104 P.0 Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 FAX 8 (512) 475-1771 FAX it (512) 475-1771 DISPUTAS 3OBRE PRIMAS 0 RECLAMOS: PREMIUM OR CLAIM DISPUTES: Si Ilene una dispute concerniente a su prima o a un Should you have a dispute concerning your premium recfamo, debe comunicarse con el agents o to • or about a claim you should contact the agent or the companla primero. Si no se resuelve to dispute, Company first. If a dispute is not resolved, you may puede entonces comunicarse con el depatmento contact the Texas Department of Insurance. (TDq. ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: This notice is for Information only and does not Este aviso es solo pars proposito de Informacton y no • become a part or condition of the attached document. se convlerte en parts o condicton del documento • • adjunto. i PROJECT NO. -If CONTRACT NO. ;U,, CONTRACTOR'S MAINTENANCE BOND Q (DEVELOPMENT CONTRACT) 00, NO 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 Post Office Box 1590 Dallas, Texas 75221-1590 a Corporation organ ze under the laws o the State o Texas authorized to do business in the State of. Texas, hereie'Tt'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 thirty thousand four hundred thirteen dollars and 61/1.00 _30 1,13.61 ) Dollars, lawful money o the United Cates, the sjaidsum tieing ten percent (107<) of the total amount of the hereinafter men- tioned contract, for the payment of wh{.ch 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: r WHEREAS, the Principal entered into a certain contract with contractor, dated the 14th day of Ma ) 1996 , in the proper performance of-which the--Clty of enton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: strget 2ayiUg improvements for Estates of Forrestrid e, Section 11 r ~ CONTRACTOR'S MAINTE~. F. BOND-PAGE ONE 1 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 acceptance in writing by the City of Denton and do all necessary work and repair of any defective conditions growing out of or arising from the improper work of the same, including, but not limited to, any settling, breaking, cracking or other defective condition of any of the work or part thereof arising from improper excavation, backfilling, compacting or any other cause or condition, known or unknown, at any time during the period of this bond, which the city engineer, whose judgment shall be final and conclusive, determines to be the result of defective work, materials or labor; then this obligation shall be void, otherwise to remain in full force and effect. In case the said Principal shall fail to maintain, repair or reconstruct any defective condition of the work as determined herein, it is agreed that the City may do said work and supply such materials as necessary and charge the sum against the said Principal and Surety on this obligation. It is further agreed that this obligation shall be continued one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation :•.o maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. PROVIDED, further., that if any legal Action be filed on this bond, venue shall lie in Denton County. IN WITNESS WHEREOF, this instrument is executed in tripli- cate, each one of which shall be deemed an original, this the 14th day of May 19 96 • PRINCIPAL SURETY s AUSTIN BRIDGE 5 ROAD, INC. BRITISH AMERICAN INSURANCE COMPANY BY: ilu 1 a D Atwood, President - _ CONTRACTOR'S MAINTENANCE BOND-PACE TWO i 1 1 • 1 NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED, DATE OF BOND / MUST NOT BE PRIOR TO DATE OF CONTRACT, ATTEST: SECRETARY f ,s CONTRACTOR'S MAINTENANCE BOND-PAGE THREE r • • BRITISH AMERICAN INSURANCE COMPANY POWER Of ATTORNEY Corporate Headquarters, 3535 Travis, Suite 300, Dal is, Texas 75204 KNOW ALL MEP( BY THESE PRESE1iTS: That BRITISH AMERICAN INSURANCE COMPANY, a'rexas corporation, does hereby appoint: George Nolsey, Dawn Knight, 1.E. Schram and Paul W. Hill: of Dallas, Texas • - its true and lawful Attorney(s)-in-Fact, with full authority to cxe%te on its behalf lands, undertakings, recognizance and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the company thereby. IN WITNESS WHEREOF, British American Insurance Company has executed these presents this __L~I__ day of Jun1994. Paul 1V. Hil1, President ,I STATE OF TEXAS § COUNTY Ol- DALLAS § i On this _lai_ day of-hair" 1994. before me came the above named officer of British American Insurance Cumpany, k to h t personally known to be the indtvidual and officer described herein, and acknowledged that he executed the foregoing Instruwent and affixed the se d of said corporation thereto by authority of his office, N ,y,~~ MW~~g~ag1CppM~~i*AOMIN a Ltf-lth~~_ , ~g P ~ J* COWAMM E~s~,yai- Notary Public In and or the ,State of Texas AAMIAW • M1M1~ ITI CERTIFICATE The appointment is made urW er the Authority of the following (esolution, adnpted by the Executive Comminee of tha Board of r,, ecors of Bndsh American Insurance ComNny at a meeting heldon the 25x1, of March, 1980. 'RESOLVED, Out the President shall be and is heretry vested with the full power and authority m appoint any one or more suitable persons as Allot w) ts)•in Pact to represent a,d act for and nn tehalf ^f 'he Company subject to the following ~wivis;ons. • I. Atior e) in-Pact may be given full power ant authority as outlined in we Pears ~f ; ,norrey for and in the name of and on behalf of the Company to execute, acknowledge and O! liver fidelity ant surety bonds and other bonds, consen+ or solely, contents to modlfcatioru of surety controas as may he required in He ordinary couse of busirmiss, an notices an: documents canceling or !ermina i ci the Compan)'s liability thereunder, and any such imuumenrs so executut by any such Attomey-In•Pact sh_II be binding upon lie Company as if signed by due PrLMeat and staled and attesicd by the Corporate Secreury. 2. The facsimile signatures of the officers and the seal of the Company shall tv valid and binding upon the Compary In the execution, outstation and scaling of a.ry instrument appointing an Attorney in pact • t, Dawn Knight, Assisant Secretary of British American Insurance Company, do hereby certify that the above and foregoing Is a true and corfat copy of a Power • of Anormy executed by said Company, -hich Is still in force and effect; and, furthermom the resolution of die Executive Committee of the Board of Directors, at set forth in the Power of Anorrtey, Is now in force. • • IN WITNESS WHEREOF, I have hereunto set my haul and affixed the seal of the corporation , this 19 98 . 14th day or May Dawn Knight, ssistant Secretary J 1 . I I t~ IMPORTANT Nq)TICE AYISO IMPORTANTE r To obtain Information or make a complaint: Para obtener Informacion o pare someter una queja: You may contact your agent. Puede comunicarse con su agent You may call British American Insurance Company's Usted puede Ilamar al numero de telefono gratis de toll-free telephone number for Information or to make British American Insurance Company's pare a complaint at Informaclon o pare someter una queja al 1-500.964-4242 1-00.964-41242 Usted lambien puede escribir a British American You may also v, lie to 9ritish American Insurance Insurance Company: Company at: P.Q. Box 1560 P.O. Box 159C Dallas, TX 75221-1590 Dallas, TX 75221-1590 OR OR 3535 Travis, Suite 300 3535 Travis, Suite 300 Dallas, TX 752154-1466 Dallas, TX 75204.1466 Puede comunicarse con el Departamento de Seguros You may contact the Texas Department of Insurance de Texas pare ohtener Informaclon acera de to obtain information on companies, coverages, rights companias, coberturas, derachos o quejas al or complaints at 1.800-262.3439 1-800.262.3439 Puede escribir al Departamento de Seguros do Texas You may write the Texas Department of Insurance P.O. Box 149104 P.O. Box 149104 Austin, TX 78714.9104 Austin, TX 78714.9104 FAX # (512) 476.1771 FAX # (512) 475-1771 DISPUTAS SOBRE PRIMAS 0 RECLAMOS: PREMIUM OR CLAIM DISPUTES: Si tiene una dispute concernlente a su prima o a on Should you have a dispute concerning your premium reciamo, debe comunicarse con el agente o Is or about a claim you should contact the agent or the compania prlmero. SI no se resuelve k, disputa, Company first. If a dispute Is not resolved, you may puede entonces comunicarse con el dep~,tmento contact the Texas Department of Insurance. (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AYISO A SU POLIZA- This notice Is for Informallun only and does not Este oviso es solo pare proposlto de Informaclon y no w become a part or condition of the attached document. an convierte en parte o condiclon del documento • • adjunto. 7 f nr 77 MIN r~'- • a ACQRQ„ G~TrFlGATE -OF LIANIIN$ljtANGE: ; . DAn;I.rY, _ xt PIIOO1xeN THIS CERTIFICATE I$ ISWED AS A MATTER OF IWORMATION BRITISH AMERICAN INSURANCE CO. ONLY AND CONFERS NO MR" UPON THE CERTMATI (4t1) 65Mg7 (EDD) E6Ht42 HOLDER, THIS CERTIFICATE DOES NOT AMINO. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ` 8334 TRAVIS, SUITS 900 _ COMPANIES AFF010014 COVERAGE DALLAS, TX 7!:4104.1406 COMPANY A BRITISH AMERICAN INSURANCE COMPANY NAWAID COMPANY AUSTIN BRIDGE S ROAD, INC. B 11143 GOODNIGHT LANE COWANY DALLAS, TEXAS 7Et78 C COMPANY I D THIS 19 f0 CERTIFY THAT THE POUCIFS OF INSURANCE LISTED BELON' HAVE SEEM ISSUED TO THE INSUEIEO NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OT ANY CONTMOT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTMN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY_PAID_CLNMS._ LTTH TYPE OF M/UIIAMCE POLICY NUIeER DPOL ATE O MM POLI ATE EVIIIA n Um" A ONIeML UAIERY CQL-010140{ 10N1/OS 101OtA3 OENBML MIOPEOATE I X COWAACLAL GENERAL LIABILITY PROOIICT9 _COwm ADD 1 4, ODO -7 CLAM MADE LJ OCCUR PE]iSl'INAL a ADV INAAr1 I _t~Qg~QQ4 OWNM A CONTRACTORS PROT EACH OCCA RADOM 1_ 1,000.000 EPE CNPA40E Any orr M)__. I WO Ev ( a Non) I 10.000 A AUTOMONJ LIAIUTY CAL-0104440 lolott" 10folm COM9KD uN(LE Lill} 1 ANY AUTO X _ ALL 0*90 AUTOS RODLY NAM I SCHEDULED AUTOS IPAI pvw) X HIED AUTOS SOOLV INJURY x_ NON-OWNED AUTOS PROP" OAMWE L DAMAGE LMIE/TY AUTO ONLY . EA ACGOBR I ANY AUTO _0_11EN iNW AUFO ONLY. EACH ACCIDENT I AQQKOITE step DAIUrY EACH OCCURRENCE -1__------------ LNERFLLAFONA AOOPECLITE_------- OTHER THAN UMMIELLA FOFIM 1 A A IIWOFAM" VLOrOM'IIAKITYTINAMD WC-01014E 10101M t0AD1AI6 X U. EACH ACCIDENT ,_.__..I___1JnOJ70D . THE PROPRIE101V %CL EL DISEASE POLICY LIMIT _ 1 X PAR0ERSomatTNE OFfICM APP. rvrL EL DISEASE - EA EMPLOYEE I ~ oTTLII ' OUC- ION OF OPIIATIONEM1OtAT10NYrLNCLlLMill- Imm RE: ASIR Job 011174 • EsUd" of Fewabid9% SWIM A DoMm DalloH Co", Taw ClR77NpA NOlt1BR, 4,ANOt'L6ATION"!; . " , , ~ - •v~.t r, . LOOOR CONSTRUCTION COMPANY, INC. *$0%0 ANY a! THI AWN De9cNe® raxNr w CANCIAIO W 0 TIR 144'1 GREENVILLE AVE., SUITE 113 WINATW DATE nIIAIOP, THE "AM r41rYwY WILL eaUVOR TO ■IL DALLAS, TEXAS 78443 --M-- DA" 119}11111 NO= TO TIII Clrtr CAN Hanel MAN! TO flM UPT, MIT PALM TO MAIL OUCH 407109 WALL MM NO OKIOATM 00 LMIYTY oP ANY EPA UPON THE 00W , n "MM 1e11M INTAM I. AUTH01070 MORE NMI Am AilDiIHY;.,l (U4tl14 4I'aCtlJ10.CbR 1N7tla °'i I mono i • - A~ORD '`C iM p i ''1~ IABIMY , iNSUR~N~E DAn;,.~DDIYY, 1 wloouarl THIS CERTIFICA78 M ISSUED AN A IlAT1ER OF WORMATION BRITISH AMEWAN IMURANCE CO. ONLY AND CONFERS NO MGM UPON THE CIA, ATE . THIS (2+4) 5064017 wo 064.4242 AALYINARTHE COVERAGE AAFFORD20 eNYTHI P(LXXX ! LOW. WND. WS OR 0696 TRAMS, KUM NO COWANES AFFORDING COVERAGE MPAKY DALLAS, Tx 75204-1406 COFAPANY A BRITISH AMERICAN INSURANCE COMPANY 00AF+wn AUSTIN BMW i ROAD, INC. B 11143 GGODNIONT LAIN CDAAPANY J.~-- DALLAS, TEXAS M= C COAiANY D , T--. k . e s THIS IS TO CERTIFY THAT ME POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAVED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREPAENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CEARFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 19 SUBJECT TO ALL THE TEAMS, _EXCLUSIONS AND CONOIRONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PALO CLAIMS. CO - LTR F-- TYR OP /CLMY MYrfll $MY NIKTNE PALICY PPIPATION DAR (WOPMIT DAR OAOODMI) - lMlfl A MNMLAL LMMMY COLM04206 1M11H6 10+01106 004AK X OCAMIRWL DENFAAL LYBEm RIOOUCTS • CM" ADO 1_- ~,Q a CUM MADE J7 OCCUR PUMONAL A ADV NAATY 1 I-_-_---- Ome" A co..rtNA 0" PROT EACH oCCUIHCE ! FFE DAMAGE (Any" IkA) _ 1__-_106 000 MEO EIP (My DIM " A AM LMNLITY ~ CAL-0104M 1"llm 1001106 COMMIFD 504W LMR i ANY AUTO 1,000,000 ALL OATED AVT09 ILOOAY HAIR{ SCWOW0 AUTOS fPN pow ) A x HEED AUTOS IOOLY WANTY Ix HMOMEO AUTO$ 4PN Rof.A,F,~O i PROPMlY DAMAOE YARAOI LIYLMT V AUTO OU.Y . FA ACCOENT i ANY AUTO OTTER THAN AUTO ONLY: CACH ACCIOW 1 AOWUATE 6 - - LOIOMI LURLITY EACH OCC(r0#0F S i_ LOARW LA FOFW AOOIEQATE { OTHER. MMI I)M9FfUA FONA WOPWAIMP A °L "0M U° WC-0104206 19105106 10111166 ftIpIa"W EL EACH ACCIDENT 1 __E,lm pt0____ PNTARANFJL4EAECUTMWAS"ONE X_ Imm EL 04ps__ POIJCY LMR_ 1_..- . OFFK;M AK, EAU El DOEAN - EA DOLOYEE f affififfi • O1NOI1 WKWI M OF OPWTLDNLIACATWlwft ICLlVIPPWML REAM RET AB6R Job #1979 • E#W4# of FoaukliS#, SOWN II, DmW, DARtoR Cam", Tons CITY OF OW70N *0" ANT OF TER ALTO" OffNLMm FOLk= DE DANC&M IM90RI TO 21l NAST IIOKOMY STREET WWrON DAR "MUM, RI OWNS COWANY TILL #NOU"M TO WL DBNTON, TEXAS 76201 _20.- GA" TIRTIMtl MOM TO TER CII"MAR NK MI NAM TO TER LWT 'I MTAT PALM TO MAL IW:N MOTUI PULL WON ND OILMAIMN DA LLUUTY DIP ANY am um Mt~Fn~,. Rf ~ RM~NOn AVAL AYTIIOMMD 11HRISMATME FM'v/V • ' ~ ~ c 4:4.ii$, ~.7 t,4it~.u~~4~:E y~~b~(E~'b'x~'.. F~~'~dM~(i/~'!'>.aG1~4~rsitY,~H'S~'4f}y`+°~lt7iNhztNAbnl1`,nFt2swWn•vM..v.. GOOO~Ca O~QCiQQ~oooo~o Q ~ ~ d r~ Q d OOOOOOO~~Q~i~~~~U~oOOO i n I • ~ , d r ''s ~ ~ • r~uu~csal®o.0c191A~A .._..-...~.w~.~ _ y, ~,q i AAAOOD97 1 VROJECT NO. CONTRACT NO. THE STATE OF TEXAS S p .r PMENT CONTRACT COUNTY OF DENTON $ Whereas, &dLe& a*VA7j KJ. AlG hereafter referred to as "Owner," whose business address is 4is the owner of real property located in the corporate limits of .2110 the City of Denton, or its extraterritorial jurisdiction; and Whereas, Owner wishes to davalop 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 a the CityPs speo!.fications, 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 rater to "owner" or "Contractor" shall mean the Owner as named above; or 4 i NOW i • Whereas, the Owner elects to make such Improvements hereafter set forth by contracting with ` whose business address is hereafter referred to as "Contractor"; and Whereas, owner and Contractor recagni.te 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 therefor; E 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 Inn ?1- P the owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agres as followst 1. Covenants of Contractor contractor agrees as followst l • i, (a) SRaQi?iMAti2na. To construct and install the i Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the citvfs standard • snacitications for Puh ig works Cona r+ction NgXQsantral Texas, • • as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such PAGE 2 ` F 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) Authority of City Enoinear: InsnectionN Tests and 2Xda=. 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 arias as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. i The contractor shall furnish the City Engineer or his representative with every reasor_able 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 i 0 w the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the T~rovements. PAGE 3 w i 1 • (c) Inaurance. 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 Soacifigations for RUbJJ5L Waiks Construction, North Central Taxes, 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 Conatruation. 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 ,got, in the judgment of the City Engineer, assure that the Improvements were constructed i.+ accordance with City specifications. I 2. Mutual Covenants of Owner and tractor, owner and Contractor mutually agree as follows: (a) ParforMance Sondei a.crow Jgree_R•nt. That if building permits are to be issued for the development prior to completion and acceptance of all improvements that are to bo dedicated to the public, the following security requirements shall apply, unless the • development is a "one lot development," as defined by City's Development Code: (1) a performance bond in an amount not less than the amount necesoary to complete the Improvements, as determined by the City Engineer, shall be submitted • quaranteeinq the full and faithful completion of • the Improvements seetinq the specifications of the City, shall be in favor of the City, and shall be executed by a surety company authoriff#A to do t.isiness in the State of Texas; or, PAGE 4 1 i ~ JI I i i (ii) if the cost of completing the Improvements, at the i 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 u escrow agent, pursuant to an escrow agreement ensuring completion of the Improvements. Without exception, the Cityfs escrow agreement form shall be used. (b) Payment Bond: Assurance of 2ayment. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundr.d percent (1003) of the approximate total cost of the contract cost of the Improvemente, 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 f executed by an approved surety company authoiiz*d 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 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 to any parson, firm or corporation having furnished labor, raterial 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 i affidavit, in a form provided by the City Engineer, I stating that all bids, charges, accounts or claims for labor performed and material furnished in connsQtion with the construetion of the Improvements have been paid in full and that there l are no unreleased recorded liens filed against the !I 0 Improvements, or land to which they av* 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 Al subcontractors who performed labor on, or supplied PACE 5 I r material for, the construction of the Improvements, and, when requested, written statement from any or each of sunk subcontractors or suppliers that they have been paid in full. (c) Retainaaes 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 rat.,in 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 for and used in the performance of the work have been paid or otherwise ss'. ,tied. (d) EGtcliabzAngn. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall I become the property c.f the City from and clear of all liens, j claims, charges or encumbrances of any kind. If, after acceptance M of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the Improvements, or la-.d dedicated to the City, to which they are affixed, the owner and Contractor shall upon notice by the City promptly cause such claim lien, charge or encumbrance to be satisfied and released or promptly post a bond with the city in the amount of such claim, PAGE 6 • lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. (a) Maintenance Bond. That prior to approval or acceptance of the Improvements by the City, to furnish a maintenance bond in fora 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 C'_ty and shall be executed by an approved surety company authorized to do business in the State of Texas. i (f) Indemnification. To indemnify, defend and save harmless, the City, its officers, agents and employees from all suits; actions or claims of any character, name and description f brought for or on account of any injuries or damages received as f sustained by any person, persona or property on account of the operations of the contractor, his agonts, employees or subcontractors; or on account of any negligent act of fa+ilt of the Contractor, his agents, employees or subcontraotors 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) ~rtraement Controlling. That the provision of this agreement shall control over any conflicting provision of any ^ontraot between the Owner and Contractor as to the construction of I tlke Improvements. i PAGE 7 3. occupancy; one Lot Developments. Cwner further agrees as follows: (a) That Owner will not allow any Purchasersr lesseer or other person to occupy any building within the development until all Improvements are completed and accepted by the City, and that upon violation therrnf will pay the City $3,000.00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the Owner shell not be issued a Certificate of Occupancy for any building constructed or located therein until all required public improvements have bean completed and accepted in accordance with this contract. 4. Covenants o city. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to • accept the Improvements. 5. Vanua and Governing Law. The parties herein agree that this contract shall Lea enforceable in Denton County, Texas, and if legal action is necessary it connection therewith, exclusive venue shall i lie in Denton County, Texas. The tarns and provisions of this contract shall be construed in accordance with the laws and court f decisions of the state of Texas. PAGE 8 E~ f • I i M 'd 11101 I I AM02M7 Executed in triplicate thia, 21day of 19,, OWNTR CONTRACTOR r" BY: BY: 779 CITY OF DEMN, T=XAS CITY MANAGER ATTEST: IFSR~iMLTEFS, CITY 96CR$TARY APPROVED AS TO LEGAL FORM: M"SRT L. PROUTY, CITY ATTORNEY i BY: n I PAGE 9 _pr2Ei'd 9NIWJId WiMM J3,uM 9?:60 %65-97-At41 i i i • 1 1 LARRY L. BLACKMON, P.E. ENGINEERING BUILDING DESIGN April 30, 1996 City of Denton City Hall 221 N. Elm Denton, Texas 76201 Attn: Mr. David Salmon, P.E. Re; Oakmont Village Retirement Center / Public Works Improvements Location: Lot 1, Block R, Lillian-Miller Addition (5.319 ac on Lillian-Miller Parkway) i Per the request of the developer, the following is an estimate of the cost of construction for the public work improvements required on the above site, 1. Approx. 800' of sidewalk along $ 6,400.00 Lillian-Miller Pkwy, 2. 6" water line for fire line (1400 If.) $ 19,600.00 3. 3881f. 36" RCP drainage pipe $ 13,580.00 4. 181f. 48" RCP drainage pipe $ 11008.00 5. 1 ea. 5' x 5' drop inlet $ 3,000.00 • 6. 3 standard fire hydrants fi 3,000.00 Total of estimated coat of improvements $ 46,088.00 21 ct RIDGMAR BLVD„'UITE 213 FORT W011111, TEXAS 76116 (817)737-M ('s17) 737.8633 MO84LE (214) 384x481 a • • "1'1.t t✓vr$ 4Et~nN "..rT wt':# LT,f•UG ✓I. :'i '_'sCU~ j:- rT iI3~ L 3UT. ty, LtZm: :1 r : t rk .rs~ F utiT± a :•ur S . Ctk* va ,gray 1 t:a~rlie Y,£. . i I I • i i • 1233L PROJECT NO, q(; ` ~iC CONTRACT i10, rHE S'rATE OF TEXAS g ESCROW AGREEMENT IN LIEU COUNTY OF DENTON g OF PERFORMANCE BOND (Development Contract-Improvements of $5U,000 or Less) WHEREAS, Rainer Construction, 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 o;' Denton, Texas, hereafter referred to as "City", executed a development contract to insure that any aiid all streets, water and sewer lines, drainage facilities or other improvements which are to be dedicated to the public, here~ifter referred to as "Improvements", are constructed and complet_,d in accordance with tike 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 ace,~~,tance of the Improvements by the City; and WHEREAS, in order to receive such building permits Owner may, where the cost to complete the Improvements is $50,000 or less, in lieu of posting a performance bond, escrow cash money with a bank as escrow agent in an amount not less than the amount necessary to insure completion of said Improvements; • r NOW, niEREFORE, OWNER, City and First State Bank of Texas hereafter called "Escrow Agent", agree as follows: 1. Amount, Owner, as a condition to rer.eiving building per- mits for property located at final pl t of Oak out_yilla~,e Addition, lot 1, Block A, 5,319 acres, John McGowen s~Xbsstr8k.t c ~ City of Denton. Denton Cnty, TX on Lillian Miller PKwy shall deposit the sum of ForEy,Siii Ehousand eighty eight and 00/100--------- 46,088,00 in cash money, with Escrow P,gent, 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 RYA that certain development contract dated the day of •Aprt , 19 96 , between the City, Owner and Owner's Contractor, to which reference is made herein, 2. Notice of Deposit. No building periaits 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 • • tie rein as follows: (a) the City Engineer shall authorise the release all the escrowed funds when all improvements are ?AGE 2 i l • I completed ana 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 i 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: Rainer Construction, Inc. 2110 Niddenwooda Ct Arlington, 'f( 76006 ESCROW AGENT: First State Bank of Texas F0 Box 100, Denton, Tx 76202 4. Fees. Owner agrees to pay any and all fees or costs charged by the Escrow Agent in connection wi1,h 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 At-count in accordance with this agreement. The Escrow Agent shall not be liable for any act done or omitted to be done under 1-his agreement or in PAGE 3 s • i connection with tltie 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 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 not be held liable for refusal to act until the question or dispute is settled, and the }:scrow Agent has the absolute right at its discretion to do eitlier or both of the followiagt (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 include the subscriUers), 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 agreemeut shall be binding upon the successors and assigns of the partl,s hereto. • 1. Venue. Tits parties hereto agree thal if any legal action • • fa necessary in connection with this agrecuient, exclusive venue shall lie in Denton County, Texas, PACE 4 i 1 i • I I C IN WITNESS WHEREOF, the said City, Owner, and Escrow Agent AA' have signed this instrument this day of My L w 19. CITY OF DENTON OWNER BY: BY: AA 3«l0„~ Ra,vt iR Cox64 TI L. ESCROW AGENT BY: /Z// M Ko- Bret! • i s • • • PAGE S ~i' r w-~_4~-w yam.. y ....._~.~.r i I 0 i ` 116541 Rainer Constructin, Inc. in Escrow for the City of Denton THIS CERTIFIES THAT First State Bank Escrow Aaepe TYPE OFCERTIF"t 90 Day CD SS,Y ADDRESS 2110 Hiddenwocds Ct Arlingtont TX 76006 INS DEPOSMI) WITH i FIRST STATE RANK OFTEXAS ac K~OF4 j l'd (46,088.00 DOLLARS WW Oua Maturity O,m Da Int. Rate Int. Pay" W. b Attt. • M,A k* CL . Irat. Telkt 5/23/96 8/21/96 90 days 4.00paz'NE at Mali To~Alin; 4JEB kb NMI mmammhh'im Horn N,y`,bwe,weMCwMCa,a r,,a•,wJw •l.•: •i:.'r', :r wn rwemnwta.ewurta neon t 6 t i r • W-17-98 FRI 10:55 THE SWEENEY CON?-MY ;AX N0. 8174577248 ?.02 auCNtl/. CERTIFICATE OF INSUl mug OAT2 (YWJMf reDDULrA THIB CMI(A-CA C' !3l SUED AS AMATTSR OP INFORMATION ONLY AND CONfERS NO ANSNif UPON THE CERTIFICATE MOLDER. THIS CENTIFH:ATS ` DOES NOT AMEND, UITINO 09 ALTER THE COVERAGE AFFORDED SY 7NS ' TEJE'. SIAUS.:N&Y COMPANY POUOISB BROW, COMPANIES AFFORDING COVERAGE F' J POX 0?00 FT WORTH A 1X 761.24-0700 COMPINrA TX WONKF:RS GUMF' 4lINU (WS 1111) awlwl/O i ~T~ 6 I RAINVrr c(lN8r15US,lxoN 1Nr qmG 1"001 MAR) I I QUE rT _ i AIRL.):HlI,T'ON 'TX 760:12 UrreANnD r Vl. L . In, i THIS 1S TO CENTIFY THAT THE POLICIES OF INSUFL NL.E L'STED BELOW HAVR BEEN 46EUED 70 RYE NSJRED NAMED ABOVE FOR THE pptlOv PMOD MD'CATEO. NETTWlMSTAND NO ANY PGOUIREVENT. TERM OR CONOITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT +O WHICH THIS CERTr"rl NAY Be 135L ED OA MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUCIrs DESCPISED HEREIN IB SUB)ECT TO ALL THE TERMS, EXCLUSONS AND COWITHINS OF 8UCh POLICES. IJM:TS SHOWN MAY HAYS Sett: HEDUCE0 fY PAID CWMS, "M Of VwYPANCII POLICY N ftm ~mn M'OOff1T OAT! M t Olr Lo . oiraiuLii+►vir~"--_-- ~ - p11NULAmA/DAr1 1 PADDJDi SCDeraM AGO. T 'i00MVIKTY ODiAAI '.41 UTY PDIlONAt \ AOV. Illy t I 1 NIHP MADE 103CUL' , OW411 E I CfNIMCID. NO MOT EACH CCCUAA6HC1 t 'W9 DAMAOI Wry MI IPPI 1 If'D EJPEwE V.0 ""-I 1 Au TOMONl L1Amu" ~ LCOLwINID 1A4L1 I _ AM' A'Vt0 I t I L%TT ALL ovao AU101 IppLY IWVIIr 1 SC MIOIIII➢AVMI I f oMte.I HNDAN01 { ~ IOdIY~I SAY 1 NOMCY:I" "Of 1 t1'✓ I GARADE LM LITY PAOIIRTY DMAW I 1 ~ -...EACN OC 1 IXftft • ~ ,M0.~MATi ! 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THIN LEFT, BUfiF • • E)E:NSON TX 7/1120t AVTNOfe1OA1NMIDRATM r I_IF'- 4WE,ENE,Y UMPANY r wL G WORD I" p!!o) j 4:.. aACO coRPau _ Inf ' I JAN • ' 1 ~4..~.IAa l ~ ( l ti a .i, . fi l .1 •'u~[MM~ C a' Sk, rod ~r~"ir'+ c.4 .Y .1 ~ (~F~'~',,,,~ 3+v ~a•7~¢~ s: i~`'l DATRr-+••a 05/31% 'S 'ic3,` ~`a f {,s 4 jLt 6T JdYn w R: lk flcrri`Ac~a2> HOW y! .x a $ xNv. , MoOUCMI TTIM a.TL MFICATZ M MISLED AS A IIATTLL W IMOIIYATWN ONLY AM cows" NO I Q#m LION TTM CSSIMICATR mou)" TPW czaTtnCATI W m. Riu Co. DOW Nor AM M, nTIM OR ALTRI TW CONTOIAOR MTORDW IY TNa 319 W. 71p Sir". SOila 100 COMPANIES AEYORDINC COVERAGE COMPANY Pt. WQA. TX 76102 ScoudaM l wn * Co i NNWRW COMPANY B Deep South Su1P1ua Rawat Co1WPUCLtoa IOC. COMPANY Mike Ba0M1I C 2110 HWdaR Woods CI LDMIAM ArliKwn Testy 76006-1813 D ,O TWA M TO CIRTMY THAT THE POLM]O Of LMLMAMM LW= "LOW MAV[ RRRN "W TO TMR "Law NAMOD AWT7 P" TIME POLICY M400 IMICATTaa NOTWRMTAMMM ANY R"RRUMLWr,TRIM 09 COMMON OF AM' .•"RACTON&rliRDOaNLMr rrNKU Cr TOWIDCYTM CMIMIFICATI MAY Y MLIW OR MAY PRRTMM. TMR IMWRAMM AIYORDW IY' ".aOY DlIMMINW MIRMN M KXJ&T TO ALL TILL TIITMa RJCLLMON AM CONDMOW Of RULTI POUCMII. LIMITS XPOWN MAY NAYS I KIM, 10 W PAID C"UtL CO TYn Or IMVAANR PUUCY NOMJuR - I T AALY 9FT. P xw ttY. LIMITS LTR .n(KMM'1Y1 Anp1MMDrM OUTMM, UAJILIIY 01000tAL ACCIROAn A COMM. GIIAIRAL UAIILrrv BIND059048 51221% 5122197 PRODCbMPr'O► AIML MANMSMADR ®OMIR rM. J ADV. MIT OWNRM'I J CONTAAM PSOT rACN OCCIIRRRNL2 MIt DAMAORNOW PYM MW RRrAw sw pa 5000 AUTOMOIILE WAJILITY Commm MNOIJ LIMIT 7y0000 IS ANY AUTO BIND039049 5122/% 5/32/97 ALL OVIWIM AIJTOI uODILY DWtY X ICUMMEDAVrOll x MRW AVIOS JWMV INNev X NON40147, PAMUS N'< I PROPRRTYDAMAOI GAIAOS LUAILITY ALTO ONLYiA ACCWKNT ANY AVrO NRITHANALITOONLYs C'am',-•z,F,S ..4 R: SACK ACYWNT AOCRROATS RSCFA LIAIN LRY CAM OQIIRAIWIN UMIRILLA rOR.M AOORKOATS THAN UMIRR LA PORM W'ORRIIS COMPINIATION AM PTATVTOYY LUAITJ QS sre IMPLOTTIRal W Au1MY RACK ACCOV? TwIlmomirrow INl1 WtAU-POLkY LIMIT PAR'NaRSAIRRCVITVit OMCKM ARM: RRCL UMRAmemACH IMPL. OTNtR 11 M PT ION Of ORRAMNSO,OCATIOAS"IO "4"CIAL MAIN CERTIFICATE HOMER IS NAMED AS ADDITIONAL INSURED . x.. ~ J7 MgLKL ANY W TW ARtm WILWIRW PDIALTn 116 CANL713A10 BOOM TMI CITY OP DENTON IMMATW1 DAn T1611100P. TV9 MLNNO COMPANY WTIL RIORAVOR TO MAIL 31 DAYS TYRR'TRN No. m m TO TM CO17TNCA'T MWDIR MAMW To T/ CITY HALL LIM ILT rA1LL71R To MAIL AKV WTIII MULL IMPOST M OMAOA"Off OR 221 N ELJd STRM LUuN.7IY or ANY RIM NON TILL CORIPANV, ITI AGUM OR KXMtH W ATIYRJ. DENr)N TX 78211 AITINTI:dW RRPRPI'~/R~.,rM/A)TIVR A •d i~ x w4-e a n;s,"x aIa a~3ex:aNi4so` " v z:. vA w, s GOOp~U' OQ~riOQ~jo^ D~ I 00 0 ~j o- do a o 0 0 + O ~O~~on r o H s ° pOpp ~DOa00004~Op , I ' i 1 I l I I I i I ,j • ;I i 3 _ .~...._.._..,.._w- ~.J, ray. ~iis ~f a%r.; yp ')~i'~~t ~1 r, t~ f'" ' ~t- s 0 AA,,JnD97 9Lo-~3 PROJECT N0. f~]~~j~O1~VyO~/~ CONTRACT NO. (~Ti ~TW THE STATE OF TEXAS S DEVELOPMENT CONTBgCS COUNTY OF DENTON S ~rl D Whereas, hereafter referred to as "Owner," whose business address is 272 l 1~ CTR'd~~ Pt~a 1,11 is the owner of rani property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and whereas, Owner wishes to develop the property and such development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "City"; and whereas, as a condition to the beginning of construction of said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with • the City's specifications, standards and ordinances; and (select applicable provision as follows) i whereas, the owner elects to construct the Improvements 0 without contracting with another party as prime contractor, in which case the provisions of this contract which refer to "owner" or "Contractor" shall mean the Owner as named above; or • • i Whereas, the Owner elects to make such Improvements hereafter set forth by contracting with "kaTi-l(w (JIL.ObeS, I" whose business address is 1276 GLEN►!EY 2.e X248 LAAcJNA(> AGH.6A Q2 ,TJ hereafter referred to as "Contractor"; and Whereas, Owner and Contractor recognize that the City has an I 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; WITNESSETN As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: 1. Covenants of Contractor. Contractor agrees as follows: • (a) Specifications. To construct and install the Improvements in accordance with the procedures, specifications and standards contained in Division iI and III of the City's Standard • Specifications for Public Works construction, North Central Texas, • • as amended, and all addenduma thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such PAGE 2 i • specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) Authority of City Encinaer. Inso gtions. Tests and Orders. That all work on the improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work • or materials, or to follow any other request or order of the City Engineer or his representative, the City Engineer shall notify the Ovner of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the Improvements. PAGE 3 • • i (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided for in item 1.26 of Division I of the Standard Scecifigations 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) KSAU 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 Covenant of Owner and Contractor. owner and Contractor mutually agree as follows: (a) Performance Bonds: Escrow Agreement. That if building permits are to be issued for the development prior to completion and acceptance of all improvements that are to be dedicated to the public, the following security requirements shall apply, unless the • development is a "one lot development," as defined by City's Development Code: (i) a performance bond in an amount not less than the amount necessary to complete the Improvements, as determined by the City Engineer, shall be submitted • guaranteeing the full and faithful completion of I • • 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 0 i (ii) if the cost of completing the Improvements, at the tire building pemits 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; asagra n s 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 lose, 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, A 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 • 771 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) u.tainage: 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) Encumbrance 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 J ;t contractor shall upon notice by the City promptly cause such claim lien, charge or encumbrance to be satisfied and released or J promptly post a bond with the City in the amount of such claim, PAGE 6 • 1 i • 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 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 indAmnify, defend and save harmless, the City, its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received as sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors; or on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in construction • of the improvements; and shall pay any judgment, with costs, which may be obtained against the City growing out of such injury or damage. (g) Agreement 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 • 1 I • I I . - f I 3. Occupancy. One Lot Developments, owner further agrees as follows: (a) That M ner will not allow any purchasers, lessee, or other person to occupy any building within the development until all Improvements are completed and accepted by the City, and that upon violation thereof will pay the city $3,000.00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by City's Development code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the Owner shall not be issued a Certificate of occupancy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract. 4. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to • accept the Improvements. 5. Venue and Governing Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusivR vanue 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 JAN sst • i i 6. Successor and simians. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective i successors and assigns. AA y~ ~'y~ p~ Executed in triplicate this, day of gL9C -L 4 1g% i f OWNER CONTRACTOR i BY: BY: >~17~~T1~` lfM j%05'406w)T ,u4" gJ«O~+GS /rnC. 7j 1 CITY OF DENTON, TEXAS , tl BY: ITY MANAGER i ~l II r ATTEST: 1) lly%,Aj Jo J I ALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORK. DEBRA A. DRAYOVITCH, CITY ATTORNEY % 4 BY: _ 1 PAGE 9 z-.-~sv.z..yaJIPQ 1 . r_ 77 i 1 i A00 ft. CERTIFICATE OF INSURANCE 04/"01/ 6 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Cadenhead Shreffler Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P 0 . BOX 1119 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bedford, TX 76095 Ir COMPANIESAFFORDINOCOVERA(W COMPANY ATexas Workers' Comp Insurance Fund Igwlneo - Marathon Builders, Inc. j COMPPANY f C/O Management Services COMPANY P. O. Box 3207 C r Edmond, OK 73083 ' COMPANY D l.. COVERAGES THIS IS TO CERTFY THAT THE POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE N9VIE. NA1AE~ O~ FOR THE POLICY PERIOD INDICATED, NOTWRHSTANDING ANY REOJIREARENT, TEAM OR OONDfTIDN OF ANY CCNTRkOT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERYFICATE MAY BE ISSUED 044 MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSF:NB AND CONDTTIONO OF SUCH POLICIEO. LIMITS SI (OWN MAY HAVE BEEN REDUCED DY PAID CLAMS. T CO' TYPE OF INSURANCE I POLICY NUMBER POLIOYEFFEOTIVE LIOVEISIRATIONT UMRS LTR I DATE (MM/DO/YT) DATE (MM7GOYYY) l OE NE RA L LIABILITY - 1, GENERAL AGGREGATE 1 OMMERCIAL GENERAL UABRI~ PROOUCTB-COMPIOPAOG Ihh ICLAIMSMADEl OCCURI PERSONALAADV4NJURY 1 W NE R'81 C WITRACTORYI PRO~ EACH OCCURRENCE 1 I FIRE DAMAOC (MT'aM lt.)i_ 4 it ' MEO EXPTAIry PN PAI FMI 11 AUTOMOBILE LIABILITY Il COMWNEOSMOLEUMIT 1 ANY AUTO 1 OWN AUT ' ALL Pwn) i DU eED AUTOO6 ! ~1PKPI U0.Y HIRED AUTOS BODILY INJURY 1 _ NON-OWNEDAU109 (PM ACUtl.ny _I_. PROPEA"DAMAOE 1$ GARAGE LMBIUTY AUTO ONLY- EA ACCIDENT / ANYAUIO OTHER THAN AUTOON Y: . ___EAOH ACCIDENT_ 1-- ' AOOREOAIE I EXCESSLIABILITY i CACHOCCURRENCE ! UMFIFIELLAFORM I 0 HERTHANU BREL'.AFGFIM WORKERS COMPENSATION AND TSF11807702 01101 96 O1/ O1/97 _ BTATUTOR_YLIMITS_ EMPLOYERS'LIABILITY 1 E_ACHACCIDENT 111 0001 OLIO, THEPROPRIETOA1 INCL OIBEABE POLIOYLIMIT _ !1 / OOO OOO _ PAMTNERSIE OFFICERS AREECUTNE X'ENCL'4 i OISE ASE-EACH E OYES 1 OOO OOO ( OTHER I DE SCRIPTION OF OFEMTIOPOWLDOATIONWYCHIO LE&BPIOIA L ITEMS F CERTIFICATE HOLDER CANCEUATION SHOULD ANY OF THE ABOVE DESOMBEO POUORS K OANU';LLE D KPOK TIR City of Denton EXPIRATION DATE W11E0F,THE ISSUING OOM►ANYWII.',CWWAYORTOMAIL Municipal Building .10 oAYEWRITTEN NOTION! TO THE OERTIPICATE HOUOM NAMEOTO TH: LEFT, 215 E. '•IcKinney BUT FAILURE TO MAIL SUCH NOTION SHALL IMPOSE NO 03UNIATION OR UANILRY Denton, TX 76201 OF A14Y ION N THE OOM► r A AL SENTATM AUTHORIZED REP" ACORDRI.1 Df ~ e e A4 CERTIFICATE OF LIABILITY INSURANCIb„inl PROv" TM CMI ABA wTT1n ONLY AND CONFUM NO PIGM UPON THE CERTIFICATE Carpenter Insuranae Agency Tno NOLDW THIS CERTIPICATB DOES MOT ANNUM RXTIMD OR P. O, box 539 ALTO THECOYENAOEAFFORDBDByTHEPOUNXESBlLOW. Stroud OK 74079 CONFAHMti AFFORDNO COVERAGE OWMY A U. S. F. i 0. w6um COMVANY ~ B Y CO~ Marathon Builders, Inc. P. 0. box $207 COWANY L gdn=d OX 73083.3207 COVERAGE! Ir ASTD cfRt*Y 1NAt THE POL Ic4s OF WSIAANCI V Silo PLOW NAVE IEFN VMQ TO YW INSUP&O NAMED AaOR FOR TNA POLCY PAUioO W KATEO, NOTYATNSTANOWO ANY NEOUAEMEN7 TERM OR cO110,Y1ON OI NfY [dRRAG T Oe OTNeR oOf:LMEMT NYTN RESPFCT TDIMVCN rwY CE AMICATE WAY K IS LE O OR MAT PlATAW trK .WSVRANC[ N rOROEO W TMf POUCKE OIECRNEO tiJtEW K 7LIXC T 10 All 11,E iFRAfS, LACUS"S AND COND(IIONS Of SOUMIC6666%nS&4" AYNAVEEfENREDUUDAr►AWCIAYD/. VI uWn 1coT111 riME OI,NSURAMCI Pours NLMNfR 1'lM amcm DATtrIMLAMM" Oame LUA UTY - GENERAL AOORNATf $2,000,000 A X:COMMERU6%lG9WJMUNRITY 1OP30008876704 03/18196 03/18/97 AR mr;-¢OI V ADO 12 000 OL 00 _ 1 ~CL404MAOE 1 OCcok PEIUONALAADVINAlRY_ 12,000,000 OATM1R 3 A CONTAAC70RS MOTE Ex"OCCVm;1 E• - 3.2,000,^00_ . FWE AAWJMf"..a0) 450,000 MED[APIAnYVnpv.mr 15,000 ALnvow I tOWITY COMPOID SWUR L"7 12,000, 000 A ~AMYAUTO 1CP30006076704 03/18/96 03/18/97 ALL OV0aO AUTOS f I t eo0arwnrn 1 .A Z UHEOULEDAUT03 I~~~) X NAEo ALTOS EeDILY INA1Rr 1 7 NOM 0"* D AUTOF I Iw AOfeNY) 'I I PROIERTY ONMGE i ~GARAUE LMWn 4T)ONLY.GAACM00 $ L- j AN r AUTO WHIA TNAM AUTO OMLT lACN IGCAOlMf 'I A00RIOATF 'A i EACHS UMRrrY ~WI EACN OCCub1[NCE ~1 _ UALAAFIIA N, I ADGAfOATf ~_--1! OTHER TNAN ~E W F ONM $ YA 0141" COYRNRATN7N AND A [WHEW LNRIUTV EL FACN ACCIOENT f TNIPAOPRRTO/L l -I INCL 1 D3" M ICY WIT $ OFFCR{e><FCLIAR 4 OEEKIRi RAE. FxCL iEt DISEASE. •eA EMnar[E!1 A Bquipoont Floater SCP3000t676704 03/18/96 03/18/97 e A Install/Builders R 1CP3000S876704 0348/96 0346/97 1 T I 1 fiVictr U-Maul Self Storage Facility, 164 M. I-15 East, Denton, Texas CBATIFICATS HOLOBA CANCELLATION 3 e 96CDOIT STOLRO ANY OF TM ASM 99PXNM POUCWS EE CA ALRO 8"M Tft IS ! e City of Denton, Texas eSPeLATT011 DAN TIMeOP. TM 1e01AW DOePANf V10" 00"Voe TO m" Additional Insured_ arE veenw NOROE to TMe aaRTeleAn NotoER MASYO to tTx TART. Municipal Building W1IARJMI TO Wa%=NOTRE ENAL L REROEE NO M4AT1011 OR kMMUTY 215 B. Maxinney 09 AWKM~1W CaWWFtSAOENTEDRN00'"S rAnw. Denton TX 76201 w IrPRUeNr ACORO 2" (EMS) OACORD CORPORATION 1481 • AAA019DE PROJECT NO. 7410070030 CONTRACT NO. 7410070030 PERFORMANCE BOND BOND NO. 41 PF 604:3 1 THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: E COUNTY OF DENTON $ That U-Haul of Texas, an affiliate of Anurco of Denton County, Texas, hereinafter called Principal and Republic Western Insurance Conpany a Corporation organized under the laws of the State of Arizona and authorized to do business in the State of Texas, hsrenafter 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 Forty-Eight Thousand Forty Two Dollars and 00/100 - - - - - - - - - - - - (".46,041.00 Dollars, lawful money of the United States, for the payment of which Sus 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 6th the day of may , 19 96 , in the proper performance of which the city o Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: Utility lines to be dedicated to the city of Denton Texas and sidewalks • to be constructed in the right-of-way owned by the city of 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 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, I PACE ONE r i I I I ~ i i i I and during the life of any guaranty required under the Contract, { and shall also well and truly cause to be performed and fulfilled all the covenants, terms and conditions and agreements of any and all authorized modificatlons 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 j full force and affect. 1 PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. AND, that said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the Plans, Specifications,. Drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder. E IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the 6th day of May , 19 96 PRINCIPAL SURETY U-Haul of Texas, an affiliate of lvrerco Republic Western Insurance CcnWny C2 "-e" 22 Lkr ATTORNEY-IN-PACT ATTESTS t SECRET~YR • NOM POWER OF ATTORNEY OF SURETY MOST BE ATTACHED. DATE OF BOND MOST HOT BE PRIOR TO DATE OF CONTRACT. i s • • • I PAGE TWO I „ ~.r.ati'-. , ::'i LRXi x r.j.;,F.'oa t~i~ x! rr.. :l' •0 i • • r ' REPUBLIC WESTERN INSURANCE COMPANY 2721 North Central Avenue, Phoenix, Arizona 86004 POWER OF ATTORNEY Republic Western Insurance Company, s corporation organized and existing under the laws of the State of Arizona, with its principal office at 2721 North Central Avenue, City of Phoenix, County of Maricops, State of Arizona, hereby appoints Debra S. Hilb, of the City of Phoenix, County of Madcops, State of Arizona, as its Attorney In Fact In and for the State of Arizona for the following purposes: To sign its name as surety to, and to execute, seal and acknowledge any and at bonds and undertakings. Authority to grant this Power of Attorney was conferred by resolution of the Board of Directors of Republic Weatorn Insurance Company dated the 20th day of June, 1996. RESOLVED: That Debra S, Hilb be and hereby is authorized and empowered to execute and sign with the company's name and seal: (1) Any and all bonds or recognlzances which this company, under and by virtue of its charter has authority to execute; and (2) Powers of Attorney authorizing, upon such terms and conditions as the President shall deem prudent, the grantee of Such power to execute and sign upon behalf of the company any bonds or recognizances which this company has authority to execute. I Republic Western Insurance Company, through its Board of Directors, hereby ratifies and confirms everything that the Attorney In Fact may lawfully do by virtue of this instrument. IN WITNESS'NHEREOF, Republic Western insurance Company has caused this instrument to be sealed with its Corporate Seal, duly attested by its authorized officer 8th day of mAY, 1996. offic ' - Republic Western Insurance Company CERTIFICATE OF ACKNOWLEDGEMENT • State of Arizona County of Madcope Before me, the undersigned, a Notary Public In and for this county, on this 61h day of mAY, 1996, personally appeared James M. McCarthy, known to me personally, and who, being duly sworn by me, deposes and says that toe is the Senior V e realdent of Republic Western Insurance Company and that the seal affixed to the foregoing Instrument Is the Corporate Seal of that corporation by the authority • of Its Board of Directors, and Je es rt , acknowledged the instrument to be the free act and deed of that corporation. • Notary Public My COMOSSiOn Expires Apr, 3. 19M • • AAA019DF Project No. -AM603o Contract No.-MXTUDW OWNER'S AND CONTRACTOR'S AFFIDAVIT OF PAYMENT OF LABOR AND MATERIAL FOR IMPROVEMENTS (This form slay be used in lieu of a payment bond on contracts of $50,000 or less as provided for in Cha,it. II, art. 3.07 (A)(4)(g) of Appendix A of the Code of Ordinances.) That, pursuant to the provisions of that certain Development Contract entered into on the 2 day of tAAwA4 19 g(o , between ) , edesignated therein and eferr'edd't~o herein as Owner", Ml'~$UIL--, designated therein and 43- referred to herein as 'Contractor an the City of Denton, Texas; Owner and Contractor hereby submit this affidavit, and state, under oath, the following: That all contractors, subcontractors and other persons who provided labor or furnished materials in connection with the construction of the "Improvements", as designa- ted in said Development Contract, have been paid in full and that there are no claims, liens, or encumbrances existing against said Improvements, or the land to which they are affixed. OWNER CONTRACTOR , - _.Q fp-Gc.fA&'T MMtK►rt+e r3 ,i0fws /a G, SUBSCRIBED D SWORN J;P BEFQRE'ME this day of 194~(b i ,tl as owner. MARIE MOORS r~ j ~ 'Ur»/Nury IOU* • ue 0M1060 MAA100PAcaum N TARY PUBIILq, STATE OF TB c6 MV CMM. Eapree APIV 23, W6 4~ 07141 ~ • SUBSCRIBED AND SWORN TO BEFORE ME this _L:'day of AAAW4Y • • 19~q(o, by Ap" 6HAeM ae Contra t- L iurA R foam 15012601 ivHOrcOnt,~A < NOT Y PUBLIC, STATE OF X7018 < < r c. r o'' ).....;.~•r.-arc-~+•c^.v~vj (ti~-W 1-N~t_. f y.. I 1 i i i i l a MAR&THON... B' April 19,1996 Mr. Randy Carlin Construction Manager U-Haul Intemational 2727 North Central Avenue Phoenix, Arizona 85004 Re: U-Haul Self Storage Project for Center #i74t--00 1641-35H Denton, 7X 92651 Dear Mr, Carlin: The following is a summary break-out of the costs for the public improvement portion of the general construction contract for the above referenced project: Utility lines to be dedicated to dx City of Denton TX $41,780 t 4' wide sidewalk located in City of Denton Texas right-of-way $6,262 TOTAL $48,042 Sincerely, Harry H. Chapman President 1 S n • i r1 ~I i 1278 Glenneyre, #Z98 Laguna Beach, California 92651 • (714) 376-0226 r1 ~1 7r,'ty y n • i o~~°Gd odOCO~cGCp~Q0b pp . 0 t~ d a ~DOa~~Nr `*OOOO~ i 0 ~~00oaaoaaabo°°°° i • • PROJECT NO. CONTRACT NO. V a THE STATE OF TEXAS S QLVEIYOPMENT CONTRACT COUNTY OF DENTON S Whereas, Lodge Construction Co.,_Inc.c/o MTA Management hereafter referred to as "Owner," whose business address is 1 225 Greenville AyPn+~ 1as, TPYpp 75747 is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and Wharves, 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 faoilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvaments," are constructed in accordance with the City's specifications, standards and ordinances; and J (select applicable provision as follows) i+ Q 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 "Owner" • • • or "Contractor" shall mean the owner as named above; or • • ® whereas, the Owner elects to make such improvements hereafter met forth by contracting with Murray Construction Co.. Inc. whose business address is Sty Nn XpnIU Avenue T.ewi ga.i 1 1 e, Tom 75057 , 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 constructed in accordance with the City's specifications and that payment is made therefor; WITNE$9ETN 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 Estates of Forrestridge Denton, Texas the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein,, agree as followst 1, Coyanpnta of Contractor. Contractor agress as followst (a) enscifigations. To construct and install the • Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the Citv!Z Standard Specifications jgr Public Works Construction. North Centrg Texas, as amended, and all addondums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such PAGE 2 _ 1 e e specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) AuthgLft y a city Enginearf _Inepections, Taste bpd Orders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto, Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractors expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejeoted, unauthorited 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 e owner of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied to the satisfaction of the City Engineer, the City shall have no e obligation under this agreement to approve or accept the e Improvaments. t I PACE 3 i 1 i 1 • (c) jnsurpnca. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided for in item 2.26 of Division I of the Standard specifications for nnr{nn l:nrth c.ntral Texas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, fcr purpose of this provision only, "owner," as used therein, shall mean the City of Denton. (d) That the scans and methods of construction shall be such an 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 04*Mfir and owner and Contractor mutually agree as follows: (a) performance Bonds. Farrow Agreement. That if building permits are to be issued for the development prior to completion and aoceptance of all improvements that are to be dedicated to the public, the follnwing npnurity rnm:iremmnts 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 loss 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 Taxes; or, I PAGE 4 i { • • Y 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 thu 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) Pe en-t-.Bond; Assurance o~_ payment. That prior to i acceptance of the Improvements (i) a payment bond will be furnished in an amount not less than one hundred percent (1004) of the approximato total cost of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texas or, (ii.) if the total contract amount of all improvements is $500000 or less, as determined by the City Engineer, or the improvements, regardless of the contract amount, are for a "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 Gnat any ana all aebts sue co 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 Inginser, • 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. • That, upon the request of the city engineer, owner • • or contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PAGE 5 • • material for, the construction of the Improvements, and, when requested, written statement frog any or each of such subcontractors or suppliers that they have been paid in full. (c) Retainaaai Final Payments. (This provision (o) 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 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 suss of money due for labor, materials, apparatus, fixtures or machinery furnished for and used in the performance of the work have been paid or otherwise satisfied. (d) Encumbrances. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the City free and clear of all lions, claims, charges or encumbrances of any kind. if, after acceptance of the Improvements, any claim, lion, charge or enoumbrams is made, or found to exist, against the Improvemantsp 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 ■nd released or promptly post a bond with the City in the amount of such claim, PAGE 6 c • • I lion, charge or encumbrance, in favor of the City, to ensure payment of such claim, lion, charge or encumbrance. (a) Maintgnance 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 Improvessnts, insuring the repair and replacement of all defects due to faulty material and workmanship that appear within one year from the data of j 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) lndamnification. To indemnify, defend and save harmless, the City, its officar0, agents and employees from all suits, actions or claims of nny character, namr 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 constsmat4on 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) hgraeaant sont That the provision of this agreement shall control over any conflicting provision of any contract betwaan the owner and Contractor as to the construction of f the Improvements. j 1 PAGN 7 I • 3. ~cuoancyi Ong Lo Davelpnsents. 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 City0s Development Cods, 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 bean 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 accept the Improvements. i 3. yan}ag and G vp arning Lu. The parties herein agree that this j 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 torus and provisions of this j~ • contract shall be construed in accordance with the laws and court ! • • decisions of the State of Texas. I PAGE 8 y 1 own moo" • a i i s 1 . .-.r1:e1/rte.. Y.}rNrT`J'.VVr4f rlb..Irl . ,.rN 4awYxY.s.f w~... r...... S. Successor _and~Assigns. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, _ day of if_. OWNER L e Construction Co., Inc. CO Murray Construction / 7'A Management Co.,, BY: B : Oliver H. Mu ray CITY OF DENTOMO TEXAS BY:- IC TY MANAGER / ATTEST: F ALT ,ETARY r. APPROVED AS TO LEUAL FORM: DEBRA A. DRAYOVITCNO CITY ATTORNEY BY: s t ~ I PACE 9 4 a .o,.y.. .......-.-...,~..~....4r.e ..1 r'./ nr-.- ~SPSC4r`~tiA1Vr7`T3+SJirS{~~l d~".1'~ut • Page One of Five Pages THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON, TEXAS This agreement made this day and entered into by and between Lod.q~_ Construction Co,,._ -nc _party of the first part, hereinafter referred io as "Owner", and hurray_q"Struct on Co Irtcs_party of the second part, hereinafter referred to as "Contractor", WI NE QQTH Contractor agrees to furnish all labor, materials, tools, and necessary equipment for the installation of the hereinafter described work in accordance with plans and specifications approved by the -City_ ofDe orl_- said work to be done under the supervision of the _CAtx_of Dgntoti___ and per plans and specifications furnished at time of bid submittal on liav 1, 1996 and more specifically titled, atstes-_oE ForrQstridoe Section The location of said installation to be made is as follows: A_Trsct__o-Eland situated i_n the_T, J~Mart in Burvey~ Abetr~~t~ol 900 Denton County_,__. Texas and__b~e it~g__ DArt of "Tract I" of that certain~arcel_of_land des r ed in_two tracts and oonveved by deed from Fi-rs t_Tex3s Savings Assoc ation to Lodes Construoti Qn COmDanY Inc_~, recorded in VQlilme_ 1115 Psge 211 _ Deed Records of Den on 0?punt•v~Texas.. The owner shall have the right to direct that said installation be made in conformity with the layout, plans, and specifications approved and inspected by the CityoE De_q_t_4g, The Owner will not reduce the scope of any portion of the installation without the written consent of the engineer. Dal_-Tegh_Enginee_ring and the C1-t-y-9f Denton, owner agrees to pay to the Contractor for said work the sum of • Two_Hundrod._Severrty__Fou,K Tho~ISQd_81 Hund. d N _.>!~0 1ors 00100 cents t _1 aMd 279,_69_O,,QO to be paid on a unit price basis, since all quantities have been estimated. This contract provides that it is a unit price contract with payments to be made on the actual measured quantities of work completed and at the unit prices as shown by the attached Unit Price Contract Schedule Exhibit A. • 6EE ATTAC~t1ED UN;~ FRICE CONTRACT SCHED • • I t --7771 a • • i Page Two of Five Pages f owner hes informed Contractor that a loan fur full funding of the contract is in place at lit DateJl~nk T sites 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 lull, lose 10% retainage, not later that the fifteenth (15) day of the following month, final estimates shall be prepared immediately upon completion of the work and shall be paid including retainage within (10) days of receipt. nll estimates not received an time (due date) shall bear interest from due date until date received at twelve (12%) per annum. It is agreed by both parties to this agreement that in the event of party, either any litigation to obtain arty shall be entitled rtoeallcits legal cost. the prevailing party Y This contract is also based. on all engineering, grades, easements, and alignments being furnished by the owner, together with all necessary permits and fees from the city, county, btate or ether interested parties, Also all excess dirt from all excavation under contract this shall be spread either the engineer or owner. Allnitethe ms of tconstruction under this contract with all appurtenanoes shall be installed and completed before any other utilities either underground or overhead are installed. Owner and Contractor state this is a separated contract and it i~ hereby understood that the owner/developer intends to donate all street and alley right-of-way to the City of nentonw. The ="L Pp-intends to accept the property and material before the sub ivision is incorporated into the City or used by the contractor or the developer. Since time is of the essence the Contractor agrees to substantially complete within forty (40) working days and then to finally complete within ten (10) working days. • This fi w page contract together with the City of Denton required contract is the entire contract i~nd there are no othe written or oral agrtoments, 1~ • v\ Page three of five pages In testimony whereof Lgdue Construction Co., Inc., Owner and KVjj Conetructio Contractor, hereby bind themselves, their heirs, successors, assigns and representatives for the full performance of the terms and provisions of the contract, jointly and severally, EXECUTED this 2nd day of Hay , 1996 LODOE CONSTRUCTION CO.,INC. HURRAY CONSTRUCTION CO., INC. olollk~A MANAGEMENT 515 North Kealy Ave. 12 5 GREENVILLE AVE, Lewisville, Texas 75057 D A , TEXAS 75243 (214) 436-4566 Ted h ; Oliver H. Mur ay Vice nt President e Wit ss Witness Holley Pomykal Corporate Secretary k o • Est,N01V%:it. Price sid Schedule ~ NO,CENEALYUCTI N CO., INC. DATE IMay 1, 1996 LENISVILLE, TEXAS 75057 (914) 436-4566 FAY (114) 919-0019 ' TO ~LodO• Consbruatiar Co, In*. Engineer i Dal-Yeah Engineering 15th Dallas Parkway Suite 1310 SDebe city of Denton Dallas, Taxae 75248 Deno, of Work I Sanitary,Mater k Storm Location I setatsA of /orreetridge foatio IX Denton: Taxae Job No. : FORREST • UNIT ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL _ 1 B" SDR-75 PVC SANITARY 32066 I.f. 26.10 on. 1976.00 13,730.60 2 41 DIAM. STD. MANNOLR 10 3 GA. 1275.00 51400.00 3 4' DIAN. DROP MANHOLE 490.00 4 4"PVCt7PA 43 as. 250.00 10,750.00 6 C PVC PAR. SAN. SEVE N R LATERAL 16 O.Y. 100.00 1,600.00 6 C E& CON. TO EE 1 0a. 125.00 19'3,00 9 7 REC. THCTINQ A PLVQ A O DISINFN7 TO . 1 l.e. 5000.00 5,000.00 g TRENCH OAOTY 1 1'e. 39150060..000 0 31,,502050.00 .00 10 EROSION CONTROL 1 1's' 2:100.00 11 BOND 1 L.A. 2100,00 ¢123,091.60 12 sU8-TOTAL SANITARY 1 11.01 11,690.50 13 6" DR-19 PVC WATER MAIN 1090 1.l. 19.19 40:164.67 14 12" DR-19 PVC /LATER MAIN 2093 1.9. 100.00 350.00 15 CONCRETE BLOCRINQ 3.5 O.Y. 16 6" OATS VALVE 9 ea. 375.00 3,000.00 17 12" OATH VALVE 5 aa. 950.00 4125'0.00 19 PIAN HYDRANT i VALVE 5 OR. 1450,00 7,250.00 19 FITTINOS 1,7 tone 4000.00 6,900,00 1 I.e. 1200.00 10200.00 20 REM, FL " ea. 215.00 450.00 22 Ebl PLUG A CONN, TO 12 43 aa. 330.00 1411x0.00 22 E LINES 1 1 s 750.00 750.00 23 TRENCH SAFETY 1 1 s 1500.00 1,500.00 24 EROSION CONTROL 25 foNti 1 1.e. 2260.00 2,260.00 26 SUBTOTAL HATER 1 $94 , 055.47 3 4a. 1440.00 4,320,00 27 4' CURB InNT 3 as. 1740.00 5,220.00 • 19 9' CURB INLET 1 e6, 1990.00 2f990.00 79 10' CLAN INLET 734 1.E. 92.01 23,495.34 30 19" CLASS III RCP 79 1,l. 37.75 2,945.29 31 21" CLASS III RCP 63 1.l. 40.06 2,523.79 33 3 3 24" CLASS CLASS III III RCP RCP 194 l.i. 43.01 9,343,94 34 C CO ONN. ON ATP TO EXISTING I OR, 150165..00 00 49 150 5 . 00 .00 • 36 PIPE CONNECTIONS (NYf) 1 aa, 600.00 600.00 36 TYPE "N. ANH (E RCA) 2 aa. 1400.00 2,900.00 • • 37 4' DIA, MANHOLE 1 aa. 1650,00 1,650,00 39 5' SIAM. CONTROL 1 l.s. 577,00 973.00 39 40 EROS GRADE ION TO CO DRAINTRIf OL 1 l.e. 700.00 700.00 40 41 TABNCH SAFETY 1 1#91 1006.b9 1,006.39 I III I I • I I 47 BOND 1 1,4, 760.00 7b0,00 43 OVA-TOTAL STORM 1 ;67,687,!3 TOTAL BIDt $274rG90.00 A. We will require forty (40) working days to substantial aomplabica, H. W will require ten (10? working days to final completion. C. we de net nalude and, seed, hyydromuiah, ear, permits, inspection few, or haul offsit• of eI v ma *vial from the excavation, j Thank You i I Welt Bannon J I i I • i, .I ' q a. a+.EI T! • I • a i 1 p ~ Mails DATI pawn" A"I ftIo 11~1WATO';0<. S/ 2/1996 IRIOOUCIM - "Till>< CNIIMICATI is ISSUED AS A YArm OP NNmuroON aNLY Am ALT R Tff COVE HOLOWRAGE AP RM BY THE Rollins Rudig Hall of TX, Inc. DO NOT IRIMMAMM, OTMitE 2200 Ross Avenue, Suite 1700 RMJCLaa BELOW, Dallas, TX 75201 COMPANIES AFK)RDINB COVERAGE (214)978-6600 Fax(214)978-6650 A Valley Forge Insurance Company - ,,B Continental Casualty Ins. Co. swum ETI' Murray Construction Company ~AIY C Transcontinental Insurance Co. ► 515 No. Kealy Avenue Lewisville, Texas 75057 cowAw D Ln" CoAIERSANY E LET MS IS TO CERTIFY THAI THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN 133j'ED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYK OP PONWIq POLICY Mlaael POl„Y Ar LB A GOVAE LAMM OEN9ML AODREGATE a 2,000,000 X coAMERCw D3w LveAnY SST L127TS2 PROOI,CTSCUVAr AoD 1,000,000 com MAOE K Drc"R''',, '.07/31/95 07/31/96 "0'A ADY kxw A 1,000,000 awsmAC*flWTW%muT, EACHOc"E"M A 1,000,000 X Per Proj. AQa_ FFIEDAMAGE(AM"ko) E 50,000 MED 0FDOE LAro a M'v9 E 5 , 000 AUFMONaNUI COMBWD SINGLE B X WT AUTO BUA 2p2T71 t 1,000,000 LWA AL OYMED AUTOS .07/31/95 07/31/96 BODILY WARY I SCHEDULED AUTOS MPH 011n) :HRFD AUTOS BODILY NJURY A W MACNIMD AUTOS Msr .alwPD OAAMN LLABLRY PROPERTY DAMAGE ! aNCUSLAeun EACHocaMNENU a 1,000,000 B X LA6IELLATOM PLUS 200071N 07/31/95 07/31/96Aa0EaTE E 110000000 OTHER TIN UMMIA FORM WORIm17 COH0MMTDN X STATUTORY LMfIE... C ANTI wal mum 07/31/95 07/31/96 F"c"Awtm T ' 500,000 DISH POUCYLMR A 500,000 °~0"°w LJAaaJrY DREAN • EACH EAa1OYEE A 500,000 oTNal _ • 0111101010 OF OPWAr4$MLOCA?M*VMWUWW§CWL 1111011111111 Project) Batates of Forestridge - Denton, Texas • „ ^ • • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE. THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO ? MAIL 3 0 DAYS WRITTEN NOTICE TO THE CEMWATE HOLDER NAMED TO THE Lodge Construction Co., Ina. LEFT, BUT FAILURE TO MAIL SUCH NOta SHALL IMPOSE NO OSLJG4TION OR c/o MTA Management UABIUTY OF ANY XJNO UPON THC PAN/, ITS AGENTS OR REPRE3ENTATNE9. 12225 Greenville Avenue RaATrRATTYt Dallas Texas 75243 a I< -.'6°., ci• 1, .r ~ r c a ,t•:.•A, ~<A ~ i~ ,t .r x,y Y a~,5 s , i • f!I wix wn nr~DrM 2/1996 P"00UCMI THE CRRIVICATI H tUUED AS A OlATTER OF WFORaATM ONLY AND 40 ROOM TWE Rollins Hudig 9a11 Of TX, Inc. DOEESNOT ASISIM, E7LTEND 00 AVER rNNB~COV~O! A~"0111 a DD BY ATME 2200 Ross Avenue, Suite 1700 FOLLCUS BELOW. Dallas, TX 75201 COMPANIES AFFORDING COVERAGE (214)978-6600 Fax(214)978-6650 A Valley Forge Insurance Company OOM`AHY URTEA COwwY B Continental Casualty Ins. Co. mum uTTER Murray Construction Company ~ C Transcontinental Insurance Co. 515 No. Kealy Avenue Lewisville, Texas 75057 CLLoTY^iFAANY D IETIEiiN' E ~ THIS 19 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI00 INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTI(ICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES OESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. CO POW /ACTH ALICY COWYMD LTII TIR OF IIas1AMfB : POL10Y MUIaaI wn RA/ACTH DAn OM'OOWYI Lem A'460mU1WIY ORVIALAOOIIEOATE s 2,000,006 X OOW*XAL GEHFDAL LwEm SET 21143"102 PNODLICTSCw)Or O0 s 1,000,00 0 0AW MMF X o0am 07/31/95 07/31/96""SO"AL A OD" K""^'._ t 1,000,000 CvmEnB t OONfRA 0" WT. EAON OCCURRENCE ' t i'000,000 X Per Proj, FEIE OAMAOE VN ft) t 50,000 MILT). 00049 1" ar Pww 1 51000 AVIOUD lB LMIIUTT CONWID SMUE 1,000,000 B X ANY wTO BUA lBBB7119 L t AU OWNED wTOS '.07/31/95 07/31/ 96, VACYMAAIR+ SOHED0.EO AUTO ^1 PM ) + HEED AUTOS : DOOILY NAM NOM-0'MIE0 AUTOS IPM wowto t OAPAOE L41BLm 'L. PAOPEFnY OAMAW t mus WDUF, EACH OCOURIONCE t 1,000,000 B X LwmA ATom PLUS "U"96 07/31/95 07/31/96A60muE t 10000,000 OTHER THAN UMBRELLA FORM . MgUGH OOL/6M flan X STATUTORY LIMITS C AMC W011 3411111"" 07/31/95 07/31/96 EAcHKc O1T E 500,000 DSEASE-P(X YiW t 500,000 eEaOVVIS LLYIlTY DWASE - EACH EAKOYU t 500,000 0"M CgCA>riLOR OP OI B Y*ND14OAT*N*V0*CU**MCAL ROM Project; Estates of Forestridge - Denton, Texas Certificate holder is recognized as Additional Insured for General and OutH i i t ai 7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR EO MAX 3 0 DAYS WRITFEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City of Denton LEFT, BUT FAILUAE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUOATION OR Attn I Engineering Department ? UABLITY OF ANY IIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. 221 N. Elm AwHORmnewwrA Denton Texas 76201 AO" N ( / MCtlNdY~ttM16GIMRtION tw ..r ,.,.....:mom s , ,~.:+Q!... r Y~~-Ntit,t~A ,~.}~"trD~t,{r^~1PF;fF,NJ~~e"r?~C'17i~?~^7.Yia8b~lkvb R•.:M1Mu.rvs nikr: nvrt,.x.N~n r:...., !r! I oGOO~G~ oMC0OT0000~0 1y 100 o` 0 o " O~o1+ k +.0O Q~~~~~00000 f 7 7711.11A, • AAAOOD97 . I PROJECT NO, CONTRACT NO. THE STATE OF TEXAS 5 DEVELOPMENT CONTRACT COUNTY OF DENTON S Whereas, Evers Park Limit Rd hereafter referred to as "Owner," whose business address is 6846 South Canton, Suite 500. Tulsa, Oklahoma 74116 , is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and Whereas, owner wishes to develop the property and such i development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "City"; I and whereas, as a condition to the beginning of construction of said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with • the City's specifications, standards and ordinances; and (select applicable provision as follows) Whereas, the Owner elects to construct the Improvements without contracting with another party as prime contractor, in • which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the owner as named above; or i • LJ Whereas, the owner elects to make such improvements hereafter set forth by contracting with Northwest Ccnstruction Co., Inc. _ whose business address is 1017 Copper Street, Garland, Texas 75042 , 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 Cooper Glen -Apartments, 3231j4_Locust St., Denton, Tx 76201 _ the owner, Contractor and city, in consideration of their mutual 11 promises and covenants contained herein, agree as follows: 1. ve nts of Contractor. Contractor agrees as follows: • ra) 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 • ,gpecifications for Public Works Construction. North Central Texas, • as amended, and all addendums thereto, and all other regulations, i ordinances or specifications applicable to such Improvements, such i PAGE 2 i • j i~ • I i specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) Aytyority_ of City Engineer; Inspections. Tests and O Mgr That all work on the Improvements shall be pe:formed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. upon failure of the contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorized or condemned work • or materials, or to follow any other request or order of the City Engineer or his representative, the City Engineer shall notify the owner of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied to • the satisfaction of the City Engineer, the City shall have no • • obligation under this agreement to approve or accept the Improvements. PAGE 3 WMMW • (c) InsuranYe. 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 Cgntral Texas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the City of Denton. (d) 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 Oner and Contractor. owner and Contractor mutually agree as follows: (a) Performance Bonds: Escrow Agreement. That if building permits are to be issued for the development prior to completion and acceptance of all improvements that are to be dedicated to the ` public, the following security requirements shall apply, unless the • development is a "one lot development," as defined by City's Development Code: {i) a performance bond in an amount not less than the amount necessary to complete the Improvements, as determined by the City Engineer, shall be submitted • guaranteeing the full and faithful completion of the Improvements meeting the specifications of the City, shall ba 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 ado _ i (ii) if the cost of completing the Improvements, at the time building permits are requested, is in an % amount of $50,000 or less, as determined by the city Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement ensuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. (b) Payment Bond; Assurance of Payment. That prior to acceptance of the improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (100%) of the approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants 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, • tiie 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 0 Improvements, or land to which they are affixed, • • that are to be dedicated to the public. That, upon the request of the City Engineer, owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PAGE 5 • material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) ;Peetainaae,, 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 Impro-rPments, 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. (d) Encumbrances. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the Improvements, any claim, lien, charge or encumbrance is • made, or found to exist, against the improvements, or land dedicated to the City, to which they are affixed, the Owner and contractor shall upon notice by the City promptly cause such claim • lien, charge or encumbrance to be satisfied and roleased or • promptly post a bond with the City in the amount of such claim, PAGE 6 • lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. (e) Maintenance Bond. That prior to approval or acceptance of the Improvements by the city, to furnish a maintenance bond in form and substance acceptable to the City, in the amount of ten percent (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 improvewents; and shall pay any judgment, with costs, which may be obtained against the City growing out of such injury or damage. (g) p,areement rggntrollina. 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 • *071 • 1 ' t t$ q \ 3. Occarc_ GtLe_~ot Deve inents. Owner further agrees as follows: (a) That Owner will not allow any purchasers, lessee, or other person to occupy any building within the development until all Improvements are completed and accepted by the City, and that upon violation thereof will. pay the City $3,000.00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy, (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the owner shall not be issued a Certificate of Occupancy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract. I~ 4. 0yenants of,ry, That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. • venue and._ysY9liflinv La5j. Tsis parties herein agree that this contract tshall. be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall • 1 J a in nenton 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 8 i • • c 3. Occupancy; One Lot Develoome.ig. Owner further agrees as ' follows: (a) riiat 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 deeme4 approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the Owner shall not be issued a Certificate of occupancy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract. 4. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to • accept the Improvements. 5. Venue and r;gvern1,nq Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court decisions of the State of Texas. PAGE 8 i i i • . 6. Successor and Assigns. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, day of 2; -Q , 19 cyz OWNER CONTRACTOR Evers 4Limlte Northwest Construction Co., Inc. BY: BYRick Givens, Vice President CITY OF DENTON, TEXAS BY., C TY MANAGER ATTEST: ~t J IF WALTERS, CITY -SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY v BY., s PAGE 9 --777777w7 4t, • i I i FROM PHCtE 10. . • P02 "EXHIBIT A" uantum uallty - Cvrlstrlut~on Selvio COOPER GLEN JOB TITLE {7ram rnxsiAnrnA an part. of WATER L, SEWER tbaee way contract - OWNER H vm,UTST CoNSTgt;CTrnN 1;F1 r' 1 N 1:1: r. LOCATION DENTON TEXAS gA'1'II 6/17!06 I'M UN IT NO. DESCRIPTION VAN. UN I.1 Pn1(:X AMOUNT WATER 1. 6" C-900 DR 18 PVC 2750 r.❑ 15.17 41x717,5 2.' 12 x 6 TAP& SLEEVE 2 EA 300.00 600.0 3. 601,GATE VALVE 12 EA 365.00 4x380.0 " 4PIKE HYDRANTS 7 FA 1526.44 10,485.0 5. C.I. FITTINGS 1.5 TN 952.67 11429.0 6. CONCRETE BLOCKING 4 CY 85.00 340.0 7. TEST L CLORINATE 11 . EA 410.00 450.0 k TOTAL WATER 59,601.5 SEWER 1. 8" SOR 35 PVC SEWER 65 Le 23.37 1,519.0 2. CONNECT TO EXIST. IMPIHOLE 1 CA 400.00 400.0 TOTAL SEWER ___rl_9T9;0 TRENCH CAP UTILITY TRENCH CAP 300 CY 50.00 15,000.0 TOTAL TRENCII CAP 15,000.0 • FM 2164 IMPROVEMENTS j' 'EXCAVATION /DRAINAGE 400 4F 3.385 1x354,`0 547 By 18.00 9, 845:01 v ROCKM iB11WINl; BASESPT 580 :7`f 13.50 70,250x01 310 LF 5.00 1,.13(1 l fµ 5, ?tPUBLYC SIDEWALK 1048 LF 9.00 9, 4321 • 6';'• CURB IWIPS 3 500.00 2,300.05 • • TOTAL rOR FM 2164 30, 933 W 0( P.O. Dox 397 Rockwall, TX 76087 214.771.9511 10p--,(214)722-1114 • PH" NO. P03 %Umttmy. COrm"ction Services 440NOING FOR 3 WAY CONTRACT j Ij 1. BONDING 1 LS 5,433.95 TOTAL BOlIDINC FOR J WAY CONTRACT ~ TOTAL PROPOSAL 112, R$10;. 58 1 i 1 • i k M box Iff PACkwaN your ri117 (314)771-0111 1 , + - _ :d' y.~ .,Y.':7r~1^~r (.1yf ati~"i1 i~~.t4~ 5 .k ip rh s,!e {~`~i.. • J • ACORQ.' CERTIFICATE OF LIABILITY INSURANCE 6/13/,'"6°""' PRODUCER THIS CERTIFICATE 19 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Koyalono general Ina. Agency HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 1747 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 500 Tortle Cove Blvd. 210 COMPANIES AFFORDING OOVERAOE Rockwall, T% 75087-1747 COMA ANY UBp : 0 INSURANCE Co. 12141 771-3661 mum - - C BANY UST L (IN6URAHCE CO NUPTFINEST CONSTRUCTION CO.rINC. n /lr rI- OINERAL CONTRACTOR 1'~r{ 'dULil!91U`,U IE C) COMCANY GREAT AMERICAN INS CO. 1911 copper garland, Texas 75042 Y1 ~1" IOU --COMPANY I CONNERcim UNION wfll COVERAGES C. ~s THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER100 INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE. MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES D£SCMBED HEREIN 19 SUBJECT TO ALL THE TERMS, co 1 CLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LiR TYPE OF INSURANCE POUCYNUMNER T DATE(MM1DOANJAT!(MWOWYY7 UST{ 04MRAl LUWIIIY --1- ICY IFfICTM POLICY ENIMMIIONIrOENEML A00l~CLlIE_ i _ 710001000 A X COMMERCIAL. GENERAL U~MIL Y ITC141499028 05101/96 05/01/97 IPROOUCTS COMPOPA00 i 2,000,000 CLAIMS MAX L_a1 OCCUR P R90NAL&MVINJURY S _ 11000,000 OWNER9 BCCWTPACTORS PIgT EACH OCCUPYENCE ! 1,000,000 - FUAE CV,MA7E Vv7 one An) i _ 19r 000 MEDEXP "PSIf}I 1 5,000 AUTOM011LE LIASIUrY COMBINED 9+NIILE UMJi S 8 X ANV AU70 ITS 11151 ]899 05/01/96 05/01/91 1,000,000 F ~ I ALLUWNEDAUTOS BODILY NIJURY S SCHE15JIFT)AUTC9 (pw LMFM) B IX { HIFIEDAUTOS I,Y INJURY (PH wk" / P +NON OWNED AUTOS _ ~PROPERTYDAMNJE l1 - OARAOE LIASRI IY AUTO ONLY FA ACCIDENT 1 a r ANY AUTO LOIHER THAN AUTO ONLY EACH ACCOENT 6 ' AGOREI:)ATE 1 EXCESS LIANUtt 'EACHOLCURRENCE _ Is 10,000,000 A X UVRRELLAFOP" UT.C145515010 05/01/96 05/01/97 AGO~OAIE 10,000,000 I OTHE R THAN UMDRELLA FOAM WORN ERS COMPE NBAT70N AND J_ IX EMPLOYERS' LIASIUIY _E_A_A_CC_ID__E_M 500' 000 I "IE PROFH[lOW INCL MCP2167227 05/01/96 05/01 /97 EL DSEA9E POLICY LAM OF FICERS ARE E%CL T S ^V__500,0_00 c Ii PMTNERGHXECUTNL EL DISEASE EA EMPLOYEE S 300,000 OTHER • D D CONTRACTORS EQUIPMENT/BLKT CM477119 05/01196 05/01197 111RENTED/LEASED 50,000 D BUildsra RSak-ALL RISK FORM CU477140 05/01196 05/01/97 BLANRT/NO. RISPOA 10,500,000 DESCRIPTIONOF OPERATIONSAOCA11~11IR1Cli"1011 LAL ITEMS PROJECT$ IMPROVEMENTS NSCESOARY FOR CONSTRUCTION OP COOPER OLIN APART" RTS, 1212 N. LOCUST ST., DENTON, TRKAS. CITY OF DENTON AND EVERS PARR LIMITED ARE NAMED AS ADDITIONAL INBURED8 EXCEPT ON WIC, WITH A WAIVER OF SUBROOATIOR • CERTIFICATE HOLDER _ aANCet,6ATfON • ....SHOULD ANY OF THE ABOVE OlwWKD POUCIIS N CA MLL90 NFOR! TWE IXPIAAiION DATE THEREOF, THE ISSUING COEMANY WILL ENDEAVOR TO MAR. CITY 0* DENTON )QDAYS WINMN NOVICE TO INS CERTIFICATE HOLM NAMlD TO THE LEFT, 215 E. MCKINNEY STREET BUT FAILURE TO MAIL SUCH NOME SHALL 111POSE NO OVUQATION ON LIABILITY DEiVN, T% 76201 HIND UPON TNF ChkPANY. Iltl AGENTS OR MPRELENTATIYlS. 1M ACORD 26-8 1 Y. o . 0 AAA019LE PROJECT NO. 6 r6- CONTNACT NO. 2ffi PERFORMANCE BOND THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S That Northwest Construction Co., Inc., 1917 Copper Street, Garland, Texas 75042 of Dallas County, Texas, hereinafter called Principal and Federal Insurance Company a Corporation organized under the laws of the State of Indiana and au%:horized 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 One Hundred Twelve Thousand Fight llundred Fighty Six and Fifty Eight Cents (g 112,896,58 _L 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: O WHEREAS, t'h^e~ ,~P incipal ante d into a certain contract with Owner, dated _!_LJC1 the day of , 19in the proper performance or which the city of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: Public water and sewr.r serviccm and ri,ht turn lane and cihy i! sidewalks along FM2164 as part of the construction of Cooper Glen Apartments, 3132 N. Locust 5t., Denton, Denton County, 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 said Contract in accordance with the Plans, Specifications, and Contract Documents during the original term thereof, and any extension thereof which may be granted, with or without notice to the surety, PAGE ONE i { J I ~ I and during the life of any guaranty required under the Contract, and shall also well and truly cause to be performed and fulfilled all the covenants, terms and conditions and agreements of any and all authorized modifications of said Contract that may heraafter bemade, notice of which modifications to the surety being hereby waived; then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County, AND, that said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to .he work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same shall in anywise affeot 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 tripli• to$ IIA each on of which shall be deemed an original, this the day of 19. PRINCIPAL, SURETY Northwest Construction Co., Inc. Federal Insurance Comnanv BY: ZL 2 2 ;n BY s~-- R Rick G vens, V c~ Pres ent TTORNEY-IN-FACT v ATTEST: i SECRETARY NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. PAGE TWO i • 'AAA0190F PROJECT NO. CONTRACT NO. ~f? PAYMENT BOND THE STATE OF TEXAS S COUNTY OF DENTON S THAT_ Northwest Construction Co., Inc., 1917 Copper Street, Garland, Tx 75042 of Dallas County, Texas, hereinafter called principal and Federal insurance Company a Corporation organized under the laws of the State of Indiana and authorized to do business in the State of Texas, heraar 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 o: perform labor upon the buildings, structures or improvements referred to in the attached contract, in the penal sum of one Hundred Twelve Thousand Eight Hundred Eighty Six and Fifty Eight Cents 112,886.58 Dollars, lawful money of the United States, to be paid in Denton, Denton County, Texas, for the paymont of „1 which sum well and truly to be made we bind ourselves, our heirs, t executors, administrators, and successors, jointly and severally. } • THE Condition of this obligation is such that. WHEREAS, the Pr cipal ente d into a certain con ract with owner, dated the day of w , 19 Q , in the proper performance of which the City of Denton, Texas, has an interest, a copy of which is hereto attached ar9 made a part hereof, for the construction of; • Public voti!r nncl sewer sf,rvicos, right turn lans and city • • sidewalks along FM2164 as part of the construction of Copper Glen Apartments, 3232 N. Locust St., Denton, Denton County, Texas, PAGE ONE 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 material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said Contract that may hereafter be made, notice of which modification of the surety is hereby expressly waived, then this obligation shall be void: Otherwise to remain in full force and effect. Provided further, that if any legal action be filed upon this bond, venue shall lie in Denton County, Texas. AND THAT said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addl.tion to the terms of the Contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, this instrument is executed in tripl ate, each on of which shall ba semed an original, this the day of Lywe_ PRINCIPAL SURETY Northwest Construction Co., Inc. Federal Insurance Compaq BY:~1`~~~ BY:( 94 lZ ia A~ c!c iiiv~~vens, 14Gce_Presi d nt - 0 EY-IN-FACT ATTEST: SECRETARY NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. f PACE TWO • AAA019DF r.' PROJECT NO. G'l.~ CONTRACT NO. CONTRACTOR'S MAINTENANCE BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S That Northwest Construction Co., Inc., 1917 Copper Street Garland, 'texas 75042 of Dallas County, Texas, hereinafter called Principal and Federal Insurance Company a corporation organized under the laws of the State of and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City" in the penal uum of Eleven Thousand Two Hundred Eighty Eight and Sixty Six Cents (S1L1.8P.9fi Dollars, lawful money of the United States, the said sum being ten percent (10%) of the total amount of the hereinafter mentioned contract, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, and • successors, jointly and severally. THE Condition of this obligation is such that: WHEREAS, the PPrip0ipal entered into a certain contract with owner, dated the ~~.f day of , 19 , In the proper performance of which the city of Denton, Texas, has an • interest, a copy of which is hereto attached and made a part hereof, for the construction oft • Public v2ter and sever servico.n, right turn lane and city sidewalks along FM21.64 as part of the construction of Cooper Glen Apartments, 3232 N. Locust St., Denton, Denton County, 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 growing out of or arising from the improper work of the same, including, but not limited to, any settling, breaking, cracking or other defective condition of any of the work or part thereof arising from improper excavation, backfilling, compacting or any other cause or condition, known or unknown, at any time during the period of this bond, which the city engineer, whose judgment shall be final and conclusive, determines to be the result of defective work, materials or labor; then W.s obligation shall be void, otherwise to remain in full force a,id 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 sun against the said Principal and Surety on this obligation. It is further agreed that this obligation shall be continued one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. IN WITNESS WHEREOF, this instrument is executed in tri cats, each WW of which shall be deemed an original, this the 2 day of JU'NE' , 19 PRINCIPAL, SURETY O / y1 ~(~~Ti~L/C`170~G(l federal Insurance Company • %2 • • BY: BY:~ / %,B.s/Cp L0 G 0 EY- -FA PAGE TWO • NOTE: POWER OF ATTORNEY OF SURETY ;BUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. ATTEST: SECRETARY • I i PAGE THREE • • POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain Vlew Road, Warren, NJ 07059 Telephone: (908) 90;-2000 Fax No,: (908) 903.3856 Know all Men by th"s Prevents, That FEDERAL INSURANCE COMPANY an Indiana Corporatbn, has con 3tituted and appointed, and does hereby eonstittrteandappoint Richard W. Daiker, ,)ames W. fMaer and James F, Mayfield of Rockwall, Texas each Its true" lawfulAhomeyin•Fact to execute under such designation in Its name and to affix its corporate seal to and deliver for and on ft Whafl as surety (hereon or otherwise, bonds of any of the following classos, to-wit: t, Bonds and Undertakings (other than Ball Bonds) filed In any suit, matter or proceeding In any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything spedfied in Such Bond or Undertaking. 2. Surety bonds to the United Stales of America or any agency thereof, Includng those required or perraltted under the laws or reguiatlons relating to Customs or Internal Revenue; License ern! Permit Bonds or other Indemnity bonds under the laws, ordinances or reguladone of any State, City, Town, Village, Board or other body or orManlzation, public or private; bonds to Transportation Companies, Lost Instrument Bonds; Lease Bonds, Workers' Compeneadon Bonds, Miscellaneous Surety Bonds and bonds on behalf of Notarea Public, Sheriffs, Deputy Sherds and Similar public officials. 3. Bonds on behalf of oontrar tors In connection wikt bids, proposals or contracts. In Witness Whvreot, the said FEDERAL INSURANCE COMPANY has, pursuant to its Bylaws, caused these presents to be signed by Its Vice President and Assistant Secretary and Its corporate sea! to be hereto affixed this 7 f i day of April 19 95 Co FEDERAL INSURANCE COMPANY t e° BY r ?+Cep. $ Kenneth Snde~~~k Gerardo G. Maudi Assistant flarstary Yka Prealdent STATE OF NEW JERSEY 1 ss, County of Somerset J On this 7th day of April 19 95 before me personally came Kenneth C. Wendel to me known and by me known to beAselstant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Adomey, and the sad Kenneth C. Wendet being by me duly sworn, did depose and say ',hat he to Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate "of thereof; ,at the seal affixed to the foregoing Power ofAdomey is such corporate seal and was thereto affixed by authority of the By-Laws of said Company, and that he signed said Power ofAttomey as Assists nt Sv idtary of sold Company by like authority; and that he Is acquainted with Gerardo 0. Maurz A and knows him to be the Vice PreskPW of said Company, and that the Signature of said Gerardo G. Mauriz subscribed to said Power of Adomey is In the genuine handwriting of said Gerardo G. Msurz and was thereto subscribed by authority of sad By Laws and In deponent's presence. Notarial Seal Acknowledged and Sworn to before me ~0f lR1 on the data above written. • YI1dLIC ! 1 ' • • r v Notary Public IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BONR OR NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE, I F" 161 DO]34(IMr4h1J GENERAL JANEI A SCAWNE i Noun Abkc. 5111e of Pius Jerky NA ;UhhS?U C'w anssmn Espue, January 6.?INrJ I 0 • • CERTIFICATION STATE OF NEW JERSEY l County of Somerset f I, the undersigned, Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the following is a irw excerpt from the By-Laws of the said Company as adopted by ft Board of Directors and that this By-Law is In full force and effect. "ARTICLE XVIII. Section 2. All borxle, up* rtakings, contracts and Minor lnswmsnts other than as above for and on behalf of the Company which It to authorized by law or Its charter to execute, may arxl shall be exewted in the name and on behalf of the Company 90w by the Chairman or flu Vice Chairman or the President or a Vice PmW*% Jointly with the Secretary or an Assistant Secretary, under their respective designations, except that any one or more ofoars or storw"fact designated In any resolution of the Board of Directors or the Executive Committee, or In any power of WAMOY executed as provided for In section 3 below, may execute any such bond, uWertaking or otfar obligation as provided In such resolution or power of soorray. section 3. All power of morayy for and on behalff of the Company may and shah be executed in the name and on bshati of the Company. either by the Chairman or the Vise Chairan or the President or a Via President or an Assistant Via PresidonMry with the Secretary or an Assistant Saerelary, order their respective deeipuhtiora. The sgn lure of such officers may be engraved, printed or WwVaphed. The signature of each of the following officers: Chalman, Via Choir roan, President, any Vice Presk"t any Assistant Via President, any Secretary, any Assistant Saaatwy and the sesl of the Conhpany may be affixed by faalmils to any power of attomey or to any certificate raletirg tMnto appointing Assistant Secretaries or Aoomeysdn•f=aot for purposes only of sxacuting and attesting bonds and undertakings and other wdtirps obligatory In the nature thereof, and any such power of attorney or oedificete beanrg such fta Nmle signature or faoslm" seaf shad be vsW n red binding upon the Company and spy such power so exewted and certified by such fsaimfie al". ture and fusJmtis .gal shall be valid and bindkq upon the Company with respect to any bond or undertaking to which It is aoudad.' I furdwr es" that said FEDERAL INOURANCE COMPANY Is duty koensed to transact fidelity and surety business In each of the states of the United States of America, DIsMd d Columbia, Puerto Rico, and each of the Provinces of Csnsda with the exception of Prince Edward Island; and Is also duly licensed to became sole surety, on bonds, undsrWWnge, ebo., permittsd or requited by the law. I, the uderslpnsd Assistant Secretary of FEDERAL INWRANCE COMPANY, do hereby eertMy that the toregdrg Power of Attorney Is In full force and efied. Given under my hand "the seal of Bald Company at Warren, N.J., this -17th day of June f g 96 Corporals Seal ~~gyPANC~ ~e,: YvJ 7ti n A..twM Snrs* a r • qc , ~ . 1:[','.a , ;~Ff ~ n.x 3.4 i~f `ri<~4t'r.?Fxv.vC;"s. wN.tt'tc•mxv. w.~ , - i t C 'ooo o U C C C 0 16000 0~0 00 ~ y o O~ G ~ C7 c~ e a `~OOO pro to+oOO ~d~QQf100400~~~~ I • a i esr • d i ® I 0.AA00097 PROJECT NO. CONTRACT NO. f THE STATE OF TEXAS S DEVELOPMENT COQ COUNTY OF DENTON S Whereas, _ CFSSCO ftFN'PAL 1ND SAL LS hereafter referred to as "Owner," whose )-oviness address is 703 f~i5l SCOrt WiChiLa Falls, 'Texas 76301 is the owner of real property located in the corporate limitz 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 1 all streets, water and sewer lines, drainage facilities and other I imp.rovement.s which are to be dedicated to the public, hereafter reforrred to nys "improvements," are constructed in accordance with • the Cit.y'N wpt~Lfications, standards and ordinances; and [select applicable provision as follows) Whereas, the owner elects to construct the improvements • without contracting with another party as prime contractor, in • • which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the owner as named above; or ! I • r f i Whereas, the Owner elects to make such Improvements hereafter set forth by contracting with JAME AUHJA( Co, , whose business address is N. 0. BOX 250, Dentoii, Texns 76202 , hereafter referred to as "Contraotor"; and whereas, owner and Contractor recognize that the City has an interest in ensuring that the Improvements subject to this agreement, which will, upon eomplet:on and acceptance by the City, become public property, are properly constructed in accordance with C the Cityfa specifications and that payment is made therefor; WITNUSETH As to th44 Improvements to be dedicated tr.- the public, as specified in Exhibit A, attached hereto and incorporated by reference, to be ino'iallsd and constructed at (fSSCO ADDITION. nu Annth nlrlo of flighwn-v 3H juur an r ..r Masch Branch Road e the owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, „.free as followal 1. covenants of Contractor. Contractor agrees as followss • (a) eneeifieations. 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 8uecification■ for Public Works Constru len. North Central Texas, ~ • ~ as amended, and all addendums thereto, and all other regulations, i ordinances or specifications applicable to such Improvements, such PACE 2 i • i i I specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of I the agreement as though written herein. f (b) Authgrity gf City Engineer: Inspections. Taste an orders. That all work on the Improvements shall he performed in a good and workmanlike manner and to the satisfaction of the City 3nginser 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 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 I 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 wor`c or materials, or to follow ai,y other request or order of the City s Engineer or his representative, the City Engineer shall notify the owner of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied to • f the satisfaction of the City Engineer, the City shall have no • • obligation under this agreement to approve or accept the Improvements. + PAGE 3 • • 1 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 92gcifications for i~ PMblic Works Construction. North Central Texas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the City of Denton. I (d) Means and Methods of Construction. That the means and methods of construction shall be such as Contractor may choose; subject, however, to the City's right to reject any Improvements for which the means or method of construction does not, in the judgment of the City Engineer, assure that the Improvements were ~V constructed in accordance with City specifications. 2. Mutual Covenants of Owner and Contractor. Owner and Contractor mutually agree as follows: (a) Performance Bonds; Escrow ang ant. 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 publiQ, the following security requirements shall apply, unless the 0 development is a "one lot development," as defined by city's Development Code: (i) a performance bond in an amount not lase than the amount necessary to complete the Improvements, an determined by the City Engineer, shall be submitted 0 guaranteeing the full and faithful completion of the Improvements meeting the specifications of the r 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 f 0 , (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 lass 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, I,- (ii) if the total contract amount of all Improvements is $50,000 or less, as determined by the City Engineer, or the improvements, regardless of the contract amount, are for a "one lot development," as defined by City's Development Code, and a payment bond has not been submitted in accordance with (i) above, owner and Contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, material or both in the construction of the Improvements shall be fully paid and satisfied before acceptance of the Improvements by the City and that prior to acceptance of the Improvements, the Owner and Contractor shall furnish a written affidavit, in a form provided by the City Engineer, ■ stating that all bids, charges, accounts or claims 11 for labor performed and material furnished in connection with the construction of thfo Improvements have been paid in full and that there I are no unreleased recorded liens filed against the r f 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 suL:antractors who performed labor on, or supplied PAGE 5 i ~ • 1 material !.or, the construction of the Improvements, i r and, when requested, written statement from any or each of ruch subcontractors or suppliers that they have hdan paid in full. (c) Retainaae: Final Payments. (This provision (c) applies only where the owner and Contractor are not he same party.] That as security for the faithful completion of the Improvements, ` Contractor and owner agree that the Owner shall retain ten percent of the total dollar amount of the contract price until after final approval or acceptance of the improvements by *he City. The owner 1'. shall thereafter pay the Contractor the tainage, only after Contractor hus 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 for and used in the performance of the work have been paid or otherwise satisfied. (d) EngMabrfylcas. 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 I 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 O promptly post a bond with the City in the amowit of such claim, PAGE 6 emu; uan I i I~ 7 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 (lot) of the contract amount of the improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that appear within one year from the date of acceptance. The bond shall be in favor of the City and shall be executed by an approved surety company authorised to do business in the state of Texas. I. (f) indemnification. To indemnify, defend and save harmless, the City, its officers, agents and employees from all l~ 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 judgrent, 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 I • 1 •I I 3. Occupancy: One Lot Developments. owner further agrees as follows: (a) That owner will not allow any purchasers, lessee, or other person to occupy any building within the development until all Improvements are completed and accepted by the City, and that upon violation thereof will pay the City $30000.00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no is performance or payment bond was required or submitted for the ' improvements that are to be dedicated to the public, the owner shall not be issued a Certificate of Occupancy for any building I. constructed or located therein until all required public improvements have been completed and accepted in accordance with I this contract. 4. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to • accept the Improvements. 5. Vanua and Governing Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall • lit in Denton County, T4xam. The terms and provisions of this • • I contract shall be construed in accordance with the laws and court decisions of the State of Texas. i PAGE 6 t j 1 f 3 I} I 6. Successor and assigns. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. 4k Executed in triplicate this, dad of QQ-1 dam, OWNER CESSCO RENTAL AND SALES CONMCTOR JAGOE-PUBLIC CO. s 8Yi sYt CITY OF DENTON, TEXAS Sys 1 CITY MANAGER r ATTEST a ALT6A8, CITY SECRETARY APPROVED AS TO LEGAL FORM: DT.ERA A. DRAYOVITCB, CITY ATTORNEY 0 Bye .j , 1 PAGE 9 i f t ~ • ,LI s EXHIBIT A JACOE-PUBLIC CO. Mot Mu Atpn Ap O, Od ucl wn, WOO i polo (.'OM'lyplp~ ...iln<r IY7}.., W20 Ft Wurlh Dr PO Bne ?7U hrnlun T%96;11' Mule M (07) 392.2481 Fox M N7) W-9712 .SID PROPOSAL: DMo. 41210 ,lab NunW TO;' CE$=C Ra" 311r1W Mr ChuIMFI~ad U0760 m9ln 0=44*402 Dotson, Tom 76206 Wr w plwrod to Kew tIN Ibiadtp old Job oae*o w; Cenrbudon of Public Wrrbrmoln br Now D@Mon MOM Wit FWI K 600 oo PVC DN 13 317.00 .00 06 i 10o ittoll 41W Ir 44-9w) woo 1.00 ` 700.00 $7 00 1,00 _ 1 - !M a v0p M0100 1. A RIP!Lw or" "Mop 1,06 s m 6 0.00 00.00 10 11b rorwh .Wwr i 10040 .1 S' films W go 1. r 8750. 3100 1. 1 Tl~ • 1` M ofii jaw I 1.00p* to row low$ • For yaw Wnw, hvw, ft 60M * ftm hm bwl a* wil , W*0 , thIt pr R; b On I UMN PnoO bWW I • • *0 pryn 4 to be rms& on @" mwwnd *WNW of waM oornplotod No Prnpoul M b "W on al Mqu o, orginontry, yrWN and *w?lM pormRl, *w um W" Awe whw by am owrw A' wy MR", Qw w AOOpNmoo DoW .D4n Yidury. I • . ,°.1( 1su-1x .t1(~exit t~i;Sy;S..tiV 4,}'.S~'ZLr .r.''; h'f•.Y4~ .,~u'v.. r....... q A ':i M l.. T.. I ,~;aai :n n pNPx Al?IIRII.r*"h'`cD AB A 7uTnR aF rIFOREUTIOM o►Br Ala a:u.. aN'dt?YMU1~Aau "10°"QO1 coNFERt Mo RKUIn uPDM THE CgRTIiTCAn HOLDER. TTN! cERTrlcAn D08S MOT ANEMO, lxTEND OR ALTER Tull COVERAON AFFOR080 SY TW RAY 8 KM PMRANCE POLICaS BSLOW. q0 B 666 SMRo A COMPANIES AFFORDING COVERAGE 04RtoR Tx 71406751/ COMPANY LEM A TM TnrNLFr kI41►4MIO4 COMPANY g LFTIFR ~Bo..~1~I~ Cw%p4117 Yro LLm C Bill c1,4* P 0 Box 460 ~ D Dwd" Tx "m COWANI E LEM THIS IS TO CEAM THAT THE POLICIES OF INSURANCE I1PTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PEROD INDICATED, NOTNATHSTANDWO ANY REWNEMENT. TERM CA CUNDITION OF ANY CONTRACT OR OTHER DOOLIMEN1 WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE kSSVED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDAIONS OF, SUCH POICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 00 TYM Or N911W10[ POLICY MAW POIAY 2mm"" "JOY Ot 10" wro TR DATE OM.190/YY1 OArt I/YY1 A anoAL Uma m YLBCN44K41►B 1001 M l"11" GodrA A*waA7E 1 4000001 X COIMERCNL 009114. LMALRY MooUcrTl-cwAP AGO 3 x00000 CLAIMS MADE x (4C UR RTRIONAL M ADV. NAA1V !1 1/000110 I 000ims S Cp1IRA010" PROT. EACH OCCtffWR F ,E 7660006 FIC OAMMOE (MY ay MI 1 10000... 1000 wo, D pow (AN oa ps W):3 . A , AUvm66 rt iwk L YCA►644ZK4164...... l"IR6 talm oompfa w ou 1 7000000 . LMIT X ' MY AUTO ALL 0040 AUTOS SOOLY HAW 1 "9 MUD AUTOS IF'N Pue^) x 4WD AUTOS SDOLV MANN 1 ' x RON ONNEO AUTOS OALAOE LVALJYF ; FROFORY DAAUOE 1 A "cFes L"m Y6MCUP6/ w-i Iwo TOr071M u[N ocowDIt4 E tooo 00 X LAWFSLA FOW A001EOATE 1 7000000 ovin THAN UAWSAA FmIM STATUTORY L" I YlOIIkMY COMFBVM110N oA owl ,1 7000000..._. A AND YERUBi12K4401 71Y01M6 l01011N EACH rroLCY LINT E 7000000 nMLONRr LANIm , Ddom - FACN DOLom 1 7000000 i DxSCFP MON CF 0FnUT10N"0CATVft"40LENWCRL "Mil ADOMONAL INBURED: CM OF OHNTCM t I L i • y,.,r ifY .f.,n,;:'ul IN A SCi~rc x~' D1. Tiix?e.., i c A ilk Y. t!n 3, L r4 tyrxc~~xiFi Kt G • INOI1LO ANY OF 11+E A1pHE DEICRIIED 'Ol1CIE0 BE CANCEl1ED 6#FORE TFIE EXPIRATION DATE THEREOF, THE tWNO COMPANY WU ENDEAVOR TO 1 MAN. DAYS WRITTEN N011CE TO THE CERTWOATE INXDER HAAED TO 711E P.O. Box 441 LEFT BUT FFJLUE TO MAN. SUCH NOTICE SHALL IMPOSE NO ONLJOATOBT OR F.O. 80 .v LABNJTI' DF ANY KIND UPON THE COMPANY. LTD 011 REPIIEIENTATNEL. WKWTA FALLS Tx }01076000 AT" A"Hopm 7c / l e EXHIBIT A JAGOE-PUBLIC CO. , HOI Mi i A 10611 PIOMIIon, Sol X010 COnriiucilm ' ..Sintf IY23••. o xwo FI, womh Dr P.O. Box 29i Urn Ion, TX 74202 MoIH If (017) )M2.2581 Fox 0 (117) 31112-9M BID PROPOSAL; 010 Job NwnWr! T01' UM0 RW" 1160106 us= rtaM OOW4430442 Dotdon, Tom 70706 I IAr wv plam"d to aAMM 01r Sol W J)OA DtlLYijltlOAJ Coratr>^on of PNOIN Woot"Im fa Now Dww AWM N ML MOM 000,00 PA If 417.Op .00 "moo .04 oo $no. 41'00,00 SWIM Um aHlii v 106 m" rwwn.p.wi .001 N WMw O Fa yow eonwnNnor. Ow MOev0 gIwMMIN h.a WWI nMmd~d. NOW~Mp, tAN prop40N N al't wlM prw0 bwN *0 peym*lb w be nx it Wf P" mwwrW pw ftu etwaM an+plolM, O O T11h propalN N bMW on 0M bwtllp4~ ab oApnmWb, JMrtNNMO lauo bMrp hKnMllod by go owrw. I Rap~elM+ly Old+ln OW, OMW AanpW" DdW LTrI►Y1eYrM. n * F F e J x Boehm Sir ■ • e AAA019DE BOND NC. 325228 PROTECT NO. CONTRACT NO. ~L PERFORMANCE BOND THE STATE OF TEXAS S 14i0W ALL MEN BY THESE PRESENTS: ~ COUNTY OF DENTON S That JAGGE-PUBLIC COMPANY P. 0. Box 250, Denton, Texas I of Denton County, Texas, hereinafter called Principal and SEABOARD SURETY COMPANY a corporation organized under the lave of the State of New York and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City" in the penal sun of ---Twenty-One Thou:,and, Eight Hundred Fifty and No/100------------------------------ S 21,850.00 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: C^ssr~a~s the Principal entered into a certain. contract with 20th the day of June , 19 96 , in the proper performance of which the City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part • hereof, for the construction of: Public Water Main at Cessco Rental 8 Sales, Denton, Texas I • A Now, THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed and fulfilled all of the "woo undertakings, covenants, terms, conditions, and agreements of said ontract in accordance with the Plans, Specifications, and contract i,acuments during the original term 'thereof, and any extension thereof which may be granted, with or without notice to the surety, PAGE ONE AL- ~ st • E AAAO19DE BOND NO. 325228 PROJECT NO. CONTRACT NO. " PERFORMANCE BOND THE STATE OF TEXAS 5 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S ~ That JACOE-PUBLIC COMPANY P 0 Box 250, enton, Texas of Denton County, Texas, hereinafter called Princi;^1 and i SEABOARD SURETY COMPANY a Corporation organized under the laws of the State of New York and authorized to do business in the State of Texas, here &I-tor called "Surety", are held and firmly bound onto the City of Denton, r Texas, a Municipal Corporation, in Danton County, Texas, hereinafter called "City" in the penal sun of ---Twenty-One Thousand, Eight Hundred Fifty and No/100---------------------------------- A 21,850.00 ) 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 theme presents: THE Condition of this Obligation is such that: Wa the Principal entered into a certain. contract with Coss E "M',~=s20th the day of June 19 96 , in the proper performance of which the City of Den on, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: Public Water Main at Cessco Rental 5 Sales, Denton, Texas • • • NOW, THEREFORE, if the Principal shall well, tri?1y, 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 'thersof, and any extension thereof which may be granted, with or without notice to the surety, PAGE ONE 0 • v 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 boning 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, venua shall lie in Denton County. AND, that said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notica 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 29th day of July 19 96 PRINCIPAL SURETY Jagoa-Public Company er,...BH.Q9R➢..S.UR---ETY - COMPANY BY: 8Y: GS Lx - ATTORNEY-IN-F CT Rosemary Weaver ATTEST: SECRETARY NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. f E PACE TWO 1 r XAA019DF jj t BOND No. 325228 PROTECT NO. CONTRACT NO. I pAyMENT BOND THE STATE OF TEXAS S COUNTY OF DENTON S THAT JAGOE-PUBLiC CCMPANY P. 0. Box 250, Denton Texas Denton County, Texas, hereinafter called principal and . of SEABOARD SURETY COMPANY a Corporation organized under the laws of the State of New York and authorized to do "Surety", are e bheldiandsfirmly bound unto the City ofeDenton$ called d "Su oration, in Denton County, Texas, herTexas,einaftaer Mur: called icipalMCityCorp , and unto all persons, firms and corporations who may tarnish materials for or perform labor upon the buildings, structures or improvements referred to in the attached contract, in the penal sum of -=S enty-one Rundred Fifty and No/100--------"''""-` ($_P1 850 00 ) Dollars, lawful money of the United States, to be paid in Denton, Denton County, Texas, for -the payment of our heirs Which sum well and truly to be made wa. bind ntllvand severally. executors, Admi-,iistrators, and successors, Y THE Condition of this obligation is such that: S, tr.e Principal entered into a certain contracin the owner, with cessco Mental &'j ated. the 20th day of June - tY n , which the ~ of Dento proper per.Yormance of 1 Texas, / has an interest, a copy of which is hereto attached and made a part hareof, for tha construction of: A p PAGE ONE 1 O NOW, THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed ita 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 made, notice of which modification of the surety is hereby expressly waived, then this obligation shall -be void: otherwise to remain in full force and effect. Provided further, that if any legal action be filed upon this bond, venue shall lie in Denton County, Texas. AND THAT said surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same shall in anywise affect 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 29th day of July , 19 96 PRINCIPAL SURETY Jagoe =public( Company SEABOARD SURETY COMPANY { BY., % BY: 4 ATTORNEY-IN-FA1CT t Rosemary Weaver I ATTEST: SECRETARY NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. PAGE TWO 1 s i CO~ COPY g$A$pARD STr MTV CQ1VANy 2 R- 3 9 0 7 No. ,11956 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint John R. Stockton or Rosary Weaver or L. Pay Pit. or Beverly Ha;ea of Dallas, Toms its trueand lawful Attorney-in -Fact.,;,ake,eaecuUanddeliveronItsbehalflnsurancepolklN,sur'alyborMs,usdarlisk"adl other Instruments of similar nature al. follows. Without Limitations Such insurance policies, surety bonds, undertakings and inefruments lot sald purposes, when duly executed by the eforeeald Altorriin-Foci, shall be binding upon the said Company 3 fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorneydn-Fact, pursuant to the authority hereby given, are hereby ratilird and confirmed This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on Decembo, bill. 192 with Amendawnis to and including January 15, t982 and are still in full force and effect: A57f ICL E VII SE CIIUN I "Pdlcles, vends, necoenNancaa, slipulalionr, consenle of lonely, urRenwdling urlllertakinpa and inatrvtttenb reflaellle the - it. insmdncepoly es bonus recoaeiiianc PS shpuiel-on3 COnserds of surely and undevwntmg underfakinps of the Company, and releases, agioinoeNs and other 1, , ss 1',-r, a 0l'. lp 1[ rm s ;hrn:V r, Ihr. nsmn an-I C'n hehall OI Ina Company 11 - a'v.f p.I.,. I' Kafir[ ,-ErisW+•nl%nrlbythe,ocrciarg an ASSislenf Sec rotary, a Rea,denl 9ocrota,y or a Rosioenl Asmslanl SuG,0dry. or 12, by Ar, Altorney-in Fact for the GC-npany appmnled and authonred by the chairman or the Board, the President or a Ii President to make such signature. OF ICI by such Other officei3 or fopfetion atives as the Board may hom lime to time determine The seal of Iho Company snort d appropriate be afh,0d thereto by any such officer Mlolnayle•FAcI or representative IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- ..Ell.. Presidents, and its ;orporate seal to be hereunto affixed and duly altesled by one of its Assistant Secretaries, this day of Jan ulau. 1994 i ,a, W iil,c f■ + °a Attest, SLAA 5 an l BWD URETY COMPANY, 1a27 , . vier Atr`° (Seal--~.t-Lfjf5✓ ~cs'i1 ] s Sec~y Vlce•Preeldent STATE OF NEW JERSEY ss. COUNTY OF SOMERSET On this 28th_. day of JAn . . 18 49___, before me personalty appeared that a bLil~aei wI a Vice-President of SEABOARDSURETY COMPANY, t at he personally y acquainted, who, being by me duly fewom, said that he resides in the State of . blew.Jersey..,.. ' Vice•Presidontof SEABOARD SURETY COMPANY the corporation described in and which executed the foregoing Instrument. that he knowslhu corporate seal of rho Said Company; that the se+lallixed tG said Instrument is such corporfteseel; i trial it was so aff lxed by order of the BoaN of Directors of said Company: and that he signed his name thereto as Vice-President of said Company by like authority {EL{NDA FAYE LEE S."m NOIAEY WlLIC Of NEW All (Seal) C E R I F 1 C A T E IIhAss is lanl Sec ietaryol SEABOAR O SURE I Y COMPANY do hereby Caddy that the original Powlh of Attorney of which l he fateyoi ng Is e full, I've and coffecl COPY, IS in !VII forceantl Filed on the date of this Ceni f iC ale and 100 further certify that the Vice-president whoa te:utad the Nid POW& of Altorney was one of the Officers Aulhorued by the Board of Directors to appoint an aliorney-in-fact as pfovided in Article VIP, Ssetlon 1, of the 9y-lavra of SEABOARD SURETY COMPANY This Corwicare may ba signed and MAW by facsimile under and by authority 01 the following resotuti0n 0 the Executive Coreininee of the board of Directors of SEABOARD SURETY COMPANY if a meeting Oury caged and held on the 2ath day of March 1970, 'RESOLVED 171 Thal the use. OF a pnnihd lacsimile of the corporate Seal of the Company and of the Signature OF an Assistant sac/Mary on any (I hPCaioo 0 me Conpei^es; of a q;py of an ,.41,,,menl eneCblod by the Pr0ii ora vice-Presidenl ouisuanl inAiliele VII, Section 1, of the ey-tLawl r , A ,iii ,rr t 1 f 0 IIr, r mpa1,, v ,rirv bonds. wofl,wri mo Undertakings or omen ',,?j .u , si, i hevs heroun to sat m ~ the ~ ~ col rate afore nAd mm~ menuany anrxcd end n,,•de, haleny u IN WI ~ o! y hand and~flixa seal olCai Ipany to These presents this TNESS WHER~ r OF y 1Aaelafanl BecrNary 1. roan 957 (Mir IAa) 7019-27,~`, 1 , r ' P iN,iv, flip :"ur cl Albmm, y you nI IV -'id collxl, 900 o5d::1 W and nsit forIll n I,ohri rfr Atio,nu c!lnk ploinn r;i!ut to [ha fit, vor r. _P r , il,i i .II , u n m e_I indl~lduol);) and dohufs tI Iu~ I;, ~d I,I INIIIIif th?) µnwv l-; allflchod. In Nov, YOI a, UIu12f ~C27 ,11d i i i 1 • J i • 1 1 IMPORTANT NOTTCE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANXES, COVERAGES, RIGHTS OR COMPLAINTS AT: 14800-252-3439 I You MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE: I P. 0. Box 149104 AusTIN, TX 78714-9104 FAx 1(512) 475-1771 PREMILIN OR CLAIM DISPUTES: f SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY: • THIS NOTICE IS FOR INFORMATION ONLY AND DOFSS NOT BECOME A PART OR CONDSIION OF THE ATTACHED DOCUMENT. f Iwo i i ooD~npG o04000~r,~00o°O O~y 3 c 4~ tip r Q o O DO O~ } j *~xP'nN.r ~r hRe Y Y }r x,l' x i ~ i a 1 i • I AAA02DD7 PROJECT NO. CONTRACT NO. THE STATE OF TEXAS S LU T COUNTY OF DENTON S n Whereas, AO)ors of nenfon f" fr1Cr5 , CTll_ hereafter referred to as "Owner," whose business address is Gf`i'-L LuG~~,~c H01 IAV , , vkq 55() J s ^ix ']aJ3r 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 i said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter • referred to as "Improvements," are constructed in accordance with the City's 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 PAGE 1 • r AAAG2DD7 which case the provisions of this contract which refer to "Owner" 'r or "Contractor" shall mean the owner as named above; or ® Whereas, the Owner elects to make such Improvements hereafter set forth by contracting with ~ (A( fue - rU~) G N whose business address is \ a OU. 1JUx ;9561)PrI~G?~ 7X ~1~~0~ _ 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 j3lACk- A- _ reference, to be installed and constructed at Lof to 1 Iv Ar, kwr, o{- b>06n Rrl addi r; fu t11L_ Cam4 )P s1 I)crslu,~ 'oun~u TQxr)) f • the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: 1. Covenants of Contractor. Contractor agrees as follow9: (a) ,Specifications. To construct and install the • I • • Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the Citv's Standard f i PAGE 2 I r..»M,~.- _ 771 s • i hMO2007 r i ~y, ,y~+~,P,, ^~T { one Porgy ~b ~4~"''° ^^natruction No th Central_TQX~?, i as amended, and all addendums thereto, and all other regulations, ordinances or specifications aprlicable to such improvements, s-ich 1 specifications, standards, regulations and ordinances being expressly incorporated herein by rvaference and being made a part of the agreement as though written herein. (b) AMthority of City Engineer• Inspections Tests and Ooc(. 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, i 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 PAGE 3 • AAAD2DD7 / 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) Insure cg, 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 p~u l.ic Wor3 s o struction North Central Texas, as amended, the provisions of which are expressly incorporated hereLn by reference; provided, however, for purpose of this provision only, "Owner," as used therein, shall mean the City of Denton. (d) L1&a-Ds 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. 0 2, Mutgal Cov°^ants of Owner and Contractor. Owner and Contractor mutually agree as follows: (a) Per-fQrmance Bonds, escrow Agraoment. 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 PAGE 4 s • AmMDI development is a "one lot development," as defined by City's Development Code; (i) a performance bond in an amount not less than the l 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, (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 ban), 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) g lli n nd. naci,ranrta of Payment. That prior to acceptance of the Improvements: (1) less~thanboonewihundred be furnished in an amount not 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 p guarantee that any and all debts due to any person, firm or corporation having fu:ru„r,ed labor, material or both in the construction of the PAGE 5 • • AAA02DD7 r Improvements shall be fully paid and satisfied before acceptance of the improvements by the City and that prior t-. 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 claiias 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 material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retainage: Final Payments. [This provision (c) applies only where the owner and Contractor are not he same party.] That as security for the faithful completion of the Improvements, Contractor and Owner agree th°t 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 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, material:,, apparatus, fixtures or machinery furnished for and used in the performance of the work have hRAn paid or • otherwise satisfied. (d) Encumbrances. That upon completion and approval or acceptance of the Improvements of the City, the improvements shall PAGE 6 l I .Awl AAA02D07 become the property of the city free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance ` of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the Improvements, or land dedicated to the City, to which they are affixed, the owner and Contractor shall upon notice by the City promptly cause such claim lien, charge or encumbrance to be. satisfied and released or promptly post a bond with the City in the amount of such claim, lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrancr.. (e) maintenance Hond. 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 taulcy 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) InAgLmification. To indemnify, defend and save harmless, the City, its officers, agents and emplcyses from all suits, actiuns 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 PAGE 7 i I • i • AAA02DD7 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 imprniements; 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 contiol over any conflicting provision of any contract between the Owner and Contractor as to the construction of the Improvements. 3. Covenantg gf City. That, upon proper completion of the Improvements in accordance with this agreement, the city agrees to accept the Improvements. 4. Venue and Ggverning Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusivu vur.ue shall lie in Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court • decisions of the State of Texas. 5. Successor and Assiana. This contract shall be banding upon and inure to the benefit of the parties hereto, their respective successors and ar.signs. PAGE 8 • • i AAA02DD7 r rl / ` Executed in triplicate this, a0 day of ;g(,4 , 19~1p ! I i OWNER: Arbors of Denton Partners, LM. CONTRACTOR BY: A DentgrC A Texas Cbcparatlm G't) E ! cl . JZ4L C- C---, C BY: BY: 4C _ CITT OF DENTON, TEXAS BY: CITY MANAGER ATTEST: j 3E1JN2 R WALTERS,C CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY C7-- I PAGE 9 • w W019DE i BOND NO. 325230 PROJECT NO. liC_ !-L CONTRACT NO. 2~fy PERFORMANCE BOND THE STATE OF TEXAS 5 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENT'ON $ That JAOOE-PUBLIC COMPANY j P. 0. Box 250, Denton, Texas 76202 of Denton County, Texas, hereinafter called Principal and SEABOARD SURETY COMPANY a corporation organized under the laws of the State of and authorized to do business in the State of Texas, hire m-ffer called "Surety", are bold and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter caller! "City" in the panel sum of ---Two Hundred Ten Thousand, Two Hundred Fifty-Seven and 23/100------------------- fg 210,257.23 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, adaf.nistrators, and successors, jointly and severally, and firmly by tbase presents: THE Condition of this Obligation is such that: WHEREAS, the Principal enter intg b certain 5Zqntract with Owner, dated the day of a u , 19 Ifo , proper performance of which the city of Denton, Texai, has an interest, a copy of which iu hereto attached and made a part hereof, for the construmtion of: Water System, Drainage Improvements and Paving to serve Lot 1, Block A, The Arbors of Denton, An A.ddlr.ion to the. City f Denton_ Texas _ li NOW, THEF,F.FORE, if the Principal shall well, truly, snd , • 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 tam 'thereof, and any extension thereof which may be granted, with or without notice to the surety, PAGE ONE jl t i i and during the life of any guaranty required under the Contract, and shall also well and truly cause to be performed and fulfilled all the covenants, terms and conditions and agreements of any and all authorized modifications of said contract that say hereafter bemade, notice of which modifications to the surety bminq hereby waived; than this obligation shall be void; otherwise to regain 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 the work performed thereunder, or the Plans, Specifications, Drawings, etc., 1 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, altaration or addition to the terms of the Contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, this instrument is executed in trME ate, eac one of ich shall,pl deaaed an original, this the day of , 19_l PRINCIPAL SURETY I JACOE-PUBLIC COMPANY SEABOARD SURETY COMPANY BY., BYsf~fl@'~ ATTORNEY-IN-FA Rosemary Weaver ATTESTS S C AR NOTE. POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. PAGE TWO f . _ _ . _ __..rM.+.... low- i 0 1 • I and during the life of any guaranty required under the Contract, and shall also well and truly cause to be performed and fulfilled all the covenants, terms and conditions and agreements of any and all authorized modifications of said Contract that may hereafter bemade, notice of which modifications to the surety being hereby waived= then this obligation shall be void? otherwise to remain in full force and effect. PROVIDED, further, that if any legal action be filed on this j bond, venue shall lie in Denton County. i 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, 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. IN WITNESS WHEREOF, this instrument is executed in tri lLcate, eac one f hich shall, deemed an original, this the Qr day of jg;g o , 19 PRINCIPAL SURETY JAOOE-PUBLIC COMPANY SEABOARD SURETY COMPANY pfgD lX~pl . ~D1~~ `t'L~ BY: BY: AT fix" .tNEY-SIN-CFA Rosc.:try Weaver ATTEST* ~T SEC AAY • NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. PAGE TWO 1 • II AAA019DF BOND NO. 325230 PROJECT NO. CONTRACT NO. PAYMENT BOND I i THE STATE OF TEXAS S COUNTY OF DENTON S THAT JAGOE-PUBLIC COMPANY P. 0. Box 250, Denton, Texas 76202 of Denton County, Texas, hereinafter called principal and SEABOARD SURETY COMPANY a Corporation organized under the laws of the State of New York and authorized to do business in the State of Texas, here natter I called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called ""ity", 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 Ten Thousand, Two Hundred FiftZ-Soven and 23/100------------------------------------------------ 210,257.23 ) 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 enter d in o a certain contract with Owner, dated the J Q day of , 19qb , 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 System, Drainage Improvements and Paving to serve Lot"1, Block A, The Arbors or Denton, An Addition to the City of Denton, Texas • • PAGE ONE 1 • • 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 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, than this obligation shall be void: Otherwise to remain in full force and effect. Provided further, that if any legal action be filed upon this bond, venue shall lie in Denton County, Texas. AND THAT said surety for value received hereby stipulates and agrees that no change, extansion of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the Plans, Speoifications, Drawings, etc., accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, this instrument is executed in triplicate, sac one of which shall )A deemed an original, this the T_ t~ day of , 19 r PRINCIPAL SURETY ) TY COMPANY JAGOB-PUBLIC COMPANY SEABOARD SMg - BY: BY: ~If~BSO fxVl O1. LD~G'YP ATTORNEY-IN-FA Rosemary Weaver ATTEST: j~w Z, SECRETARY • NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. j • • • PAGE TWO ,I 1 d Certified Copy $ZAWA" aSV2MC0MVA" 2R-3918 No. 11956 ADMINISTRATIVE OFFICES, BEDMINSTER. NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN e T HESS PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint John R. Strockt4m or Rosemary weaver or L. Pay Pitts, Jr. or Beverly Hayes of Dallas, Texas its true and lawful Attorney-In-Fact, to make, execuleanddeNveron Its behlMin lurencs policies, surelyborads, undertMa"Plnd other Instruments of "liar nature as follows Without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duty executed by the aforesaid Attorney-in-Fact, shA1I be binding upon the said Company as fully and to the same extent as If signed by the duty authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Lows which were duly adopted by the Board of Directors of the ii Company on December fiat, 1927 will) Amendments to and including January 15, 1982 and are still in full force and effect: AfitrlCLr VP SEC700N t 'Policlea, bonds, recognizant ee, ToIIpUIa}IOns, tofrlMls o} suntY. umfeewnting undNllklrr~ and InltrumMl/ reToaang 1herNO. lnsluaneep0I,Cms. bonus reCogn,tanCM, slivulabons. consents of svelyanclundenvrding undertekmgs ollhe Company, and felCesea. egro6menleandother A.•d,nyS rel4 r.. n ..,y wu ti. , 1 w barn Of In.S lhe,Po rider Snail he s.nn.d rr the 1r to and on l ehall eI fle f, enlpany lylh- Cnn,nl 1.,1H a,.,l AVi6, F',eS dent,n d Re,hrtv,L, P,rsaw,iaoony.4e$PUPlary art Assislanl Secretary'. a RePdP iI Secretary or a Hesatent Assislanl Secrelary, or Ibl by an Allorney-m-Fall for The Company appomled and autnoraed by the Cha meanol the Scald, the li P,as,denl Or a V,ce-President in mare such signature, of Icl by Touch oleo, officers of representatives as the Board may Prom Dina to lime determine. The seal of me Company shall if appropnale he efh.ed lhaelo by any such 011t[er. Allorney-in-Fact or representauve" 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 duty attested by one of its Assistant Secretaries, this 26th . + day of January 1994 of Attest: SEAR AD URETY COMPANY, 921 (a, ';Tor 9eB I sisranl Seer. Tory V Vice P'*', n STATE OF NEW JERSEY COUNTY OF SOMERSET On this .,....28t h.....___ . day of Janutaxy . 19.94 before me personally appeared .Michael g, . iteeyan. Vice-President personally wltll whom I em ac ueinled, who, being by me dal sworn, -President of SEABOARD SURETY COMPANY, i g y y d that he resides In the State of . blew. Jarslay.... ; that he Is a Vice-Presidenl of SEABOARD SURETY COMPANY, the corporation described In and which executed the foregoing nstrument. that he knows The corporate seal of the said Company; that the seal affixed tO said instrument is such corporate seal, That it was so affixed by older of the Board of Directorsol said Company. and thBl he signed his name thereto as Vice-President of said Company by like authority BELINDA FAYE LEE HOIAEY FUMiK Of "Ifw AISEY lr _ .1 ^ (Seal) solld My cola Wa Expires Sept 41f eryPoDlrc Nof C E R T I F I C A T E 1liASsislanl Secretary of SEABOAK, SURETY COMPANY do hereby cerlity that the original Power of Attorney of which the foregoing is a l ul 1, V ue and correct copy. Is In lull twee and e l feel or, l he dale of this car 1, ricnle and l do fu nhel certify that the Vico President who executed the M id Power or Attorney was one of the Oeic(is aulhpnted by the Board of Dlrecfois to appoint an attorney-ism fact as piovided in Article VIP, Seotien 1, 01 the 6y. taws of SEAt)OARD S1RETYCOMPANY This Cert, hca le maybe signed and Mated by lec t i mi le under and by aut hilt it y of the lol lowing resolution of the Executive Commtflae of the AOard of Dint f ors of SEABOARD SURELY COMPANY at a mate ling duly called and held on the 251h city of Much 1970. "RESOLVED 0I That the Vol, of a p,inled fecsimne of the co,pdrale seal of the Company sold of the ligature of an Assistant Secruary or any nerhl1Cal on nrihetarec tnrss ofa ropy Of An mf,ltumenl ffo-cubed uy the Pre50e11 OF a V~ce.Prnsldanl pulsuahl in Art,rlo VII, Soi I Of lha ByLaw$ j 'Il t 1 r , "I F. .I'.r i , u, ih,. iur d or hrr '11 _,l th_ eanr z. , t..a ITS n i-f.:, wr,lmg ur 7a,`d i.,npa OF other t t - ion t , l f r:al , it A Ih I ir; r If if , d such .ca area 5a. a gnmure sad 0mrl manually alO,aed any made. herehy's sob'e f a. n ago AEOFI v corporate seal of the Company to these presents this heleunlo set my Q hand and affixed the 19..40.. IN WITNESS WHEER Y of ,ti' to 5r4 s • de I AaToiToUm $ecrbla xle ram %7fRSS rnMl 1 { IoI r ICiI; t f Ihut Fi,iyor of Allcrn6y yuu mat lair. , Ilt>v!, OUR u,U'31GI,hx1 oak for the I'pN'nfof AltdmoX clatlt, Pln.lrn ro1~r to thu Poxes ,r , '•-one L- n t , ornuuJ Ir,dividu,ll(;,) end dul.tll., I~ h bu Id F, winch ,r a trowv Ih atttwhpl. In Was, York.Oisl 21..627 ,4<4 • • 1 i I IMPORTANT NOTICE To OBTAIN INFORMATION OR MAKE A COMPLAINT: YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPVaESj COVERAGES, RIGHTS OR COMPLAINTS AT: 1-800-252-3439 4 YOU MAY WRITE THE TExAs DEPARTMENT OF INSURANCE: P. 0. Box 149104 AUSTIN, TX 78714-9104 FAx 1(512) 475-1771 PREMIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A Dxsptrm CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE Is NOT RESOLVED, YOU WAY CONTACT THE TEm DEPARTMENT OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY: • THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR COND ITION OF THE ATTACHED DOCUMENT. • , • • ,I / JAGOE-PUBLIC CO. ~ i Hot MI. Asphalt PrMUC l ion. Sales 6 Rood Consiwatl on . Since 1923... )1120 PI. Worth Dr. P.O. Box 250 Denton.'IX 10202 Main 8 (817) 382.2581 Fux M (817) 382.9732 t BID PROPOSAL: Date. 7!9196 TO: Arbors at Denton, LTD. 8144 Walnut Hill Lane, Suite #550 Dallas, Texas 75231 Main 2141739-8141 Fox 2141389-4130 We are pleased to submit the Nkwing bfd Job Description: The following bid Is based on ant I ftvft QuM_ i s 016"HMAC Ad scent to Existing 0. 000.00 7em1.00 LIMIT Plit" TOTAL . of Lime Stabilization $3.50 38,330_00 . of Excavation and Removal S8 50 55,100.00 of Sawcut 34.00 51600.00 moval of 2-Trees and BW Fencing 5850.00 $850.00 op rarxHMAC C Apron _-_-52,500.00 S2 y600.00 757.00 F. of Curb & Gutter S7 DO $5y299.00 TdNFavlnD f1E,870.00 QUANTITIf DESCRIFITION III Pi TOTAL 450 F. of 3'x5' Box C-850 5110.00 49,500. .00 132.00 L.F. of 3H' RCP I I I - - Sb0.00 800.00 125.00 Y. of Grouted Rip Rap-____ $80.00 57 600.00 4.00 Headwails__ S800.00 2.00 .H. II-B Headwalls $2,600.00 $5,00000 1.00 CW.12-10d Headwalls $3,350.00 _ $3,350.00 1.00 CW_FO_Headwell 53,500.00 53000 2400.00 6_ConcrateeSpghvat 53.25 $7800.00 1.00 paells f t Illwey1-_-_--- - ----Sy500 _00 51600.00 3.00 d ust Sanitary MH__ 5800.00 - --52,400.00 2,00 anhole _ $1100.00 52,200,00 - - TawOrNns"Cu"ints $90,180.00 Water System: I ~s TOTAL 1890 ~ of 8" DR18 it ac Concrete' 20.00 6.00 ydrsnt-Assembly-_-____---__ 311300.00 $91800.0_ 8.00 F_ittin9s--__-_-- $210,00 _---$1 880.00 2 00 treat Crossing Ra afP ro $40000 _$800.00 - ' 11.00 star Service From Malin to Meter $700.00 $7,700.00 00 eatin4 8 Sterilizetlon_ -i-_-__-_ S1,200.00 -____51 200.00 7oht Warr sYa~ 300.qO -1:OOVor d--- - -----C- 55.128.23 =5_,128.13- yobl BM propaeN 5210,257.23 For your convenience, the above quantities have been eetima'3d. However, this proposal Is on a unit price basis with payments to be made on actual measured quantities of work completed. This proposal Is based on all testing, engineering, grades and alignments, permits, and taxes being furnished by • the owner. Unless otherwise stated in the above quote. Please make sure that all gas, electric, telephone, water and/or any other underground lines have been located prior to construction Contractor is not responsible for damage to property we are unaware exists, 25t~ In the event that the proposal above Is accepted, d Is agreed that at the ealll of each month an estimate will be prepared Including all completed work of which payment will be due by loth day of the following month, Respectfully Submitted, Owner Accsptence Deter Bill Cheek, Jr. Owner Signature- Cashed Arbara of Denton Partnem, L1a. BY: A Dentcn G.P. Inc. A Taxes Corpoeation BY: S.R. t/EM, PRMIOM • • - - HRST f (0L', IJ`/I_ WORTHING COMPANY - too August 19, 1996 Mr. Bill Cheek, Jr. Jagoe-Public Co 3020 Pt. Worth Dr. Denton, TX 76202 RE: Development Contract Arbors of Denton Collins St. and Bernard Denton, TX Dear Mr. Cheek, Enclosed you will find the executed contracts for the above referenced project Please attach the bonds to the contracts and immediately forward them to the City of Denton for their execution. Please be advised that Jagoe-Public Co. is not authorized to begin the actual construction for the work contemplated by 06s contract until a "Notice to Proceed" has been issued. At the present time, we anticipate the start for this work on or about the week of September 16, 1996. Please contact me immediately if you have any questions. Sincer ly, Da' Gary • Estimator I uun, i 1 cc. Keller w. wabdn 1 Suva K. L51ey 8144 Wolnut I IIII bane, Suite 550, IM 8, Dallas, Tex is 75231 (214) 734-8141 Fax (214)3604130 t i 1 AWIR~. { 77a OF Iglv~pa~i1LW►'i+or al►r iuo _ NIIOIIIM ` ` 7M CA11A7CATI M NflllO " A r+► ooa uoT rrixft= OOAL781 7irs~COKl~4t APPORM IV 7 i RUM( A AN M11RUM .0011=. MLOM. / j CahIP/WAB AfF+Ol1Cl114 COVEMAX OInb11 tlr 701o"* C,*~ A 7M0 71wd" 0IW111110 i UN OW W oum ralp" a,. AO IC NIA r a so AN OVA" TIN 7M u iw o IM 4 ro Comn 9MA1'Ik FOLXW nF MkIMNCF LWM ifiM KM OM IWtl 10 We PdLo A MIi.4m Mm IOM MI ?0= OUWM POCAM or rMM Aw PffOAvmDr, 7m OR MAY MOPINAM Wa c®M " rouCra G~cmp HEMN M W&OW 1010 ALL M T CF n MAlff WA V110M0 MO, OWO OM CO WCH POW i..... U6M **NW MAY KW[ 0" RWI.M tY MID. CLAW co, 10110 HR 01 161MIO NMJCY M/~ om p1 MR Pam" L" OMOOVA s~1N tM11Af AMM wiwx rrcwrt 1 w~l1u' LAW" AM Ng1MC1yCt11O 100. 1 >wllil. a w MM1 x W0.w~ ~ NOS bU»"1 1 j f~1wn ~ talMCtaM IMO'r. ~ 11[ ON+WtW7 i I ~ I . M>b. CMrR N7 n M4M11 ''Nn'MO111 NW1IY .r A INIlM ~ 1MUM ~ MIYYm IMOa[ y 10~ r. nwtD M+01 Is . NRO MAp ' H ~M111M 1 ~..•,•.'~MMO IH~Y i111p►.7RY OAIYW '1 4-1 -4 NML7+f WI~Yp1ti4 1 IIM~10 . • Wow ~dOW 8111m Y1Y6~43MIpT1 A~uNIISMN #711 ~Wil~Glf 1 1 Mdlw/ 94100WAN ' 1M1~ 1w1Ar am ACO M1 1 WNW MP % mows Uou" . 011 -PW on0i! 101116 0~ r i ftsoon 0M h c tiIMIOW MAIO"liafaa WUK NY/ AFL awm: CR7 OF boollo 1 **JW AW OF I/R 100Mt OMO11" 00"I Y CFFICKM WOW All • ~ MAMnOM DATE rmw, M wII111 COIMMN I11L 1NprAM011 W 11 0111110 1111, a1M LM, VAL M Days 7m11lr1 MOM 70 11R Cgt VWA NOUJ®1 WAM 10 Ve AA~111,~111 UM. 60 FM M 10 1" 11 M WMM OV&L WOW NO O01IM110M a j WOW Nftj y {y111AY MM IiIO 1M'OM M OD' /MM tr0 MBnf OII M11110YR,pF#& 01A/1 I i00 d 0301 Chi LIR 1:131 8518 I QRS H 60 (C30 96 A- 00tl • . l~, ;..:`i°, /I';V~aZn~Nrb'a~~~tltl'~•~in~s1~A.~;°d'1?~}i~ia~.i~~°,tl/ji'p.'c'd`tSYFt11~J~i'flu!/~i11RlA!~hM'v!~M3Al~lM"v;Jk ~l ~r+:: r n.., Op~c~c'~o 4C4Q~r ~a~o~ OO ti ~ ra~~~ a Q , 0 t + Q o~ool0000~fl~~oOO e i. ! ~ Y.~. 17- ~Y'~ ~ ~:Pr I}tH ~di ~41~( hyl .l s~$°e~li~l. dal r[,~tll4 t~~~r.l S ~ ~ 1 i • "AMD7 PROJECT NO. r~ CONTRACT NO. THE STATE OF TEXAS 5 DEVELOPMENT CONTRACT COUNTY OF DENTON 5 Whereas, AMR PROPERTIES hereafter referred to as "01,111er," whose business sddress is 5201 NORTH I-351 DENTON,TX 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 ordinances of the City of Denton, hereafter referred to as "City"; and Whereas, as a conPition to the beginning of construction of said development, a development contract is required to ensure that °01 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 ~I [se]ccL' ap}.li-cal;lc provision a:; f01lOWii • ~_J Whereas, the ownt:r elects Lo construct the Improvements ~ • • without contracting with another party as prime contractor, in PAGE 1 I o • i AAA02DD7 i which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the owner as named above; or XX Whereas, the Owner elects to make such Improvements hereafter set forth by contracting with MCCARTY CONSTRUCTION COMPANY, INC• whose business address is 3912 E MCXINNEY STREET, DENTON. TX 76208-460f~_ , hereafter r 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 -ill, 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 referen^_e, to be installed acid constructed at f - 5201 NORTH I-35, DENTON, TX 76201 the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows; 1, Covenants of Contractor, Contractor agrees as follows; • ( a ) }oecificaWiw- To construct and install the • • 1 Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the t ' StandArj PAGE 2 a t i i • 1 i i 9 AAA02DD7 .$necificatiorLS_for_Publ.ic Works Construction. North Central T!jxas, 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: Insneg ions. Tests and Orders. That all work on the improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative, The City Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascertaining whether or not the work performed was in accordance with the specifications applicable thereto. Ai.y 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 satisf~ctor.ily repair, ,emove or • replace, if so directed, rejected, unauthorized or condemned work ~ • • or materials, cr to follow any other request or order of the City Engineer or his representative, the City Engineer shall notify the PAGE 3 i I I AAA02oo7 Owner of such failure and may suspend .inspectioi:g of such work until such failure is remedied. If such failure is not remedied to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the Improvements. (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided for in Item 1.26 of Division I of the Standard Specifications for Public Works Cons t,2 zS r ion North C-g tra1 Texa&, 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) Mepns and Methods pff Copstruc Ag.D. 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 constriction does not, in the a judgment of the City Engineer, assure that the Improvements were constructed in accordance with city specifications. • 2- MutUa ~ 2 C v. rots of Owner andontractor. Owner and ~ Contractor mutually agree as follows: (a) Perform< ce E3on~s L.Escrow_ngreemeilt. That if :-)uilding • permits are tc 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 i PAGE 4 i s AAA02DDI development is a "one lot development," as defined by City's Develcpment 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 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; cr, (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 boA will be furnished in an amount not C 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, I shall be in favor of the city, and shall be 0 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, ao determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," 0 as defined by City's Development Code, and a payment bond has not been submitted in accordance with fi) 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 PAG17 5 I I 0 i AAAO:nn7 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 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) lletainaae. Final Pavmen*,s. (This provision (c) applies only where the owner and Contractor are not he same party.) That as security for the faithful completion of the Improvements, Contractor and owner agree that the owner shall retain ten percent of the total dollar amount of the contract price until after final appruval or acceptance of the improvements by the City'. The Owner shall thereafter pay the Contractor the retainage, only after i contractor has furnished to the owner satisfactory evidence that all indebtedneos 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) B-p-gumbrances. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall PAGE 6 .■r • I I / AAA02DD7 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 Improveme.rits, 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 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 band 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 wnrkmanship that appear within one year from the date of acceptance. The bond shall be in favor of the O ty and shall be executed by an approved surety company authorized +.v do business in the State of Texas. (f) Tndimm ication, To indemnify, defend and save hr,rmless, the City, its officers, agents and employees from all a 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 PAGE 7 e e r 1 AAAOZDD7 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, (g) Agpgem2nt Controlling. That the provision of this agreement shall control over any conflicting pr-)vision of any Ef contract between the Owner and Contractor as to the construction of the Improvements. 7. Covenantk of pity. That, upon,proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. F 4. Venue and Gevern~ncr Law. The parties herrain agree that this contract shall be enforceable in Denton County, Texas, and if legal i action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and pry i.sions of this contract shall be construed in accordance with the laws and court e decisions of the state of Texas, 5. Sy_qcepsor and Assigns. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective e successors and assigns. A PAGE 8 :..,:,tom I I i I AAA02DD7 Executed in triplicate this, 6th day of September 19 96. OWNER AMR PROPERTIES CONTRACTOR MCCARTY CONSTRUCTION CO., INC. BY: BY: CITY OF DENTON, TEXAS BY : , t n m C TY MANAGER ATTEST: JE FER ALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PP^JITY, CITY ATTORNEY BY: f PAGE 9 • • II II I-Q.1-I';Y.aS li.=5R ~-ITS -IF ED I] C11 I FL 0606 0-, or. PROJECT NO._ (Onn-ppI CONTRACT NO. THE STATE OF TEXAS § ESCROW AGREEMENT TN LIEU OF CITY OF DENTON $ PERFORMANCE BOND (Development. Contract-Tmprovements of $50,000 or Less) WEEREAS,___ AMR PROPERTIES hereafter referred to as "Owner", has undertaken to develop property within the City of Denton, Texas, or it's extraterritorial jurisdiction; and I 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 sewor lines, drainage facilities or other iLprovements which are to be dedicated to the public, hereafter referred :o as "Improvements", are constructed and completed in accordance with the specifications, standards and ordinances of the. City; and t7HEREA5, Owner wishes to reccive building permits for raid property prior to the completion and approval or acceptance of the • Improvements by the City; and WHEREAS, in order to receive such bt:ildinq permits Owner may, I where the cost to complete the Improvements is $50,000 or lens, in lieu of posting a performance bond, escrow cash money with a band' • • • as escrow agent in an amount not, less than the amount necessary to insure completion of said Tmprovements; VACx I • p.ai-.74 I :6 57 CIT -r reITrdl rL dPII1 F.0' nq NOW, THEREFORE, OWNER, City and _FIRST STATE BANK OF TEXAS hereafter called "Escrow Agent", agree as follows: 1, onunt_., owner, as a condition to receiving building permits for property located at 5201 NORTH I-35, DENTON, TX shall deposit the sum of TWO-THOUSAND x_00/100---------------- (x_2,000.00 in cash money, with Escrow Agent, said sum being in an amount, as determined by the City, necessary to insure completion of all improvements which are to be dedicated to the public; said improvements being more particularly described in that certain development contract dated the day of September 19 betwef.n the City, Owner and owner's Contractor, to which reference is made herein. 2. Notice of c osit._ 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, gelgase,uf_Funds_ Escrow Agent shall not release any or all of the escrowed funds until the City engineer authori.zes the Escrow Agent, in writing, to release such funds as provided for • herein al; follows;: i (a) the City Engineer shall authorize the release of all the escrowed funds when all improvements are 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, periodic-illy, the release of specified sums of the escrowed funds to the owner if, and as, the PAVE AEEOOPM i • . ti~i ,71 1??~, It;:S~ T! iY= fF.rlTrrtl F',.idglliY,', P.04 0`, 1 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. NotAZe_s,_ 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: Senior Civil Engineer City of Denton 221 N. Elm Denton, TX 76201 OWNER: AMR PROPERTIES 5201 NORTH I-35 DENTON TX 76201 _ ESCROW AGENT: FIRST STATE BANK OF TEXAS DENTON 4. Fees., Owner agrees to pay any and all fees or costs charged by the Escrow Agent in connection with this agreement. 5. tlcnA ability_._of Escrow Agent, The Escrow Agent shall have no responsibility except for the safekeeping and delivery of the amounts deposited in the Escrow Account in accordance with this agreement. The Escrow Agent shall not be liable for any act done • or omitted to be done under this agreement or in 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 doposit.ed in the Escrow Account, the proper interpretation of this agreement., the duties of the Escrow Agent hereunder or the rights PACE 7 AEEOOi6A i s i I ctr CC rErlTrvi Fula lir P.rS of the parties to this agreement, the Escrow Agent shall not be required to act and shall not be hold liable for refusal to act until the question or dispute is settled, and the Escrow Agent has the absolute right at its discretion to do either or both of the following: (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 executad 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 ,>y a court of competent jurisdiction, an order binding ail parties interested in the matter. 6. Sugcp u and- _~.6igns. This agreement shall be binding qr& upon the successors and assigns of the parties hereto. 7. %jenue. The parties hereto agree that if any legal action is necessary in connection with this agreement, exclusive venue shall lie in Denton Councy, Texas. IN WITNESS WHEREOF, the said city, owner, a d Escrow Agent have signed this instrument this 6th day of S otem er 19 __96 CITY OF DENTON OWNER AMR PROPERTIES Bd- BY: ~ c-~i¢vlfdf -iVi~ ~t<Q,ir2cf" • ESCROW AGENT FIRST STATE BANK OF TEXAS BY: C9cs~i PAGE 4 AEkno74A • • Prop tie u ~ Pagr! No of 1 Pages McCarty Construction Company, Inc. 1 GENERAL CONSTRUCTION 7 3912 E McKINNEV OENTON, TEXAS 78208.4606 817.568.1599 „ r I ne05a ' PIP Ai n +n AMR PROPERTIES 817/3A1 G70_b tiE't'TE1111E.R_2- 1~9~ Slant a r'A 5201 NORTH I--35 Y,V 410RLf) ON TX 76201 5201 HUR'1'1I L 1~, ll] TX AaDENTn ' - - - ATTN: MR MIKE_SEMRAU We hereby submit spccdlc a tinns and es lm, at es for Propose to furnish labor and material to construct 240 feet of 4' wide by 4" thick sidewalk along the southbound service road at 5201 North I-35. 1 1f t $1e VrU{1R6t hereby to lutnish material and labor - complete n~ i , nrdanoe .✓~;h 1hov1. a in 1s, for ;he sum 'f ONE-THOUSAND NINE-HUNDkED TWENTY & 00/100 -_-.-7I)a,us S. 920.00 Payment lobe made as lollows: UPON COMPLETION OF PROJECT , . f'lT/wT d a •1. n ~r.nrtn.lr~ v'+aln ns; n'. r ..r r du{hprl;/'I A :,onlVl I un 1.n Ant uul.rrv(IAr ur~r a n ..a, n r vrean ,r • n.~~len ret ..In r r u 1 N to T IS pr 111vV1 .I".nl A' i'n r u:.. ~I •yr r. 111 111 I 6 1 0 h R l r P`- / ~nnurrl.r.r .-1•. 1. .r. rl wgFd~alvl by lls11 nnl.t(f01110a wtlh r._ j Neel l lcebons And rnnditno,%are sabalocl Rrv rid ini hr'Ifbv ALCeplyd 1 ou mA ardho' ted to do the wod. As apeeifled Payment wdlbe made As mrllmed above jlyaaler! OAtA ul Accnl urea • • rl ,'t1-! rJti k1 %LII rPl~l1 I.'jr1r1I '.11'V'l.I I1 1 11 1 Aim OATtook,myo q~QRD 4 1 A ~ L~ tBll.l lt: >M ~ 1 " ' " 0912 6 raoa,wLN FAALIEn CERTIFICATE 19 ISSUED AS A FATTER OF INFORMATION LUN.D E C0141'A;JY Ttlb.r,G1SMLS TNC Y AND CONFERS NO RIGSfTS UPON THE CERTIFICATE DER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 510 DALLAS DRIVE THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDINO COVERAGE 1, ()F307 946 Dc'tnOtt TX 762U2 A_MILLERS CASUALTY N;T:aJ,Cy TNS. P_C':J_ c3'9ntvn, McKinney rdiv, Un TX 76208 L - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW NAVL BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERl00 MOICATEO. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCVMENT WITH RESPECT TO W1+ICM TM,S CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY TKE POLICIES DESCRIBED HEREIN IS SVWECT TOALL THE TERMS. EXCLUSIONS AND CONDITIONS OP SUCH POLICIES l_iMIT_S SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. CO rePL w fNLLAVMCE /OUCYNUNMA I POt ICY(FrECTNC POUCYEN111MTtO1LIMITS LIP, DAZE (MMODA'.5 OAir (IAIAOONY) GENERAL LWHLIn 111 4Ch'eM AGORECAtt S 1,.0 G Ai`OOAMUeaALOCNERALLLlr' 02-CX-3468 08/06/96 02/06/971PRQQUCTO.CGW0WA43f 1,000 0 C 1 CLAIMS MADE X•O~GUP. ;PER~ONAI SAW wNAY jf 5CCIJ: CWARS A CON I PACTOR'5 MST EACH 00NAPENCE 'S 500,00 ; 1. Amt OAAU4E INn DADA AIN 's 5 0^ 1 Mitl W (AM arN F.nor) • S n' I AUTOMOSILE LIAMOTY CCMBWEO SEe41E UL,ST S A'--A..WAUro 02-TX-3469 08/06/96 08/06/91 500 G0t f At +.MK'EOAUTOS 1 EDOE~ OQURV X1 904MILED AUTOS - x X HIRED AUTOS AJOLY JURY s NDN CY.NED AUTOS XilU1M 500 CSL PLVEI P„DLMwc Is KPIP 2500 GARAGE Lv,4UTY AUTO ONLY • EAA0=9hT 1 ~ANYX)TO O~HEAm"AUT0 -ml - I EACH ACCgtNI f A46REOATE 1 LRCt7s UA1NTY ! E4CH000URIRNCE S„ UVBRELIA FOAM AC40WATE S - T OTmR 7HVi vm@KLLA FOAM. f 'WORKERS COMPENSATION AMP X I 1~1AR, I EwlolTRV walun Z- C 2 7 J P'22/'96 H AcaaENT 0 0 C 0 ~BFOOO1J30'-.: 9, I'HE ORCOR_^JA' 3 --l ,Nc JL OlSt: POUCY L.ATS 50C J^ 0--AAt LIVE - n o'RCEA9AA:. 1X1+E>L __-EL C9EA5E- 6,°V.t•'DYGi f VCL,. _L. OI MI-T- p I j ' I • OESCrRPTIONq oN RA FlOMIOATLONAYSHICLCSM1PjML1 CUI :ertificate Holder i5 listed as all ADDITIONAL, TN:URED for General Liability • • ~sid Automobile T,iability A CEf 111TItSN ; JiRTWJCAT'EH01 CR 9Mtl kp ANV 01 rH1 awn ONCIRHO PONUCW1 M CANrmto wool MI CITY OF DENTON DAYS A.FTIR NORCC r0 fME CYRTIIIGTE HOLDEN 1141410 IO ME LA", revelOpmOnt Contract c Escrow .account EUT ~Uwar rO NNI SUCH Rona ENAAL rImv" No oouM71ON 0A WNUT 215 E. MCKFNNEY STREET w Mr KMO V"N THE DOPLPAW. Ift AWAITS OR 1*$NLNNTATWM DENTON, TX 7601 Aurr~wr rRESepATwt 0,u~f`/1 • :!alt ..'.5.'F. ~Y flx~ f I BOO°°(~ oC1000QG(10~o~ Q3 A. *A,OQ . QO O a O i o 0000°000 DOQOU I 1 • AAA02DD7 PROJECT NO. + CONTRACT NO. THE STATE OF TEXAS S DEVELOPMENT CONTRACT COUNTY OF DENTON S 1 Whereas, IIINDY 171 L ,X!,,' CP::E1 T hereafter referred to as "Owner," whose business address is _ Y. 0. 1~; 21,21156 LewiSVtile, Tex,-,s 7502S , is the owner of real property located in the corporate limits of { the City of Denton, or its extraterritorial jurisdiction; and Whereas, owner wishes to develop the property and such development must be performed in accordance with the applicable I ordinances of the City of Denton, hereafter referred to as "City"; f 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 PAGE 1 i 1 I i AAA02DD7 r which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the Owner as named above; or 1 = Whereas, the owner elects to make such Improvements hereafter set :u-th by contracting with _ JACOE-PUBLIC C014PAIY , whose business address is P. 0. Box 250, DenCon, Texas 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, becume 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 j reference, to be installed and constructed at The bieat:ows of l.'ind• Hill Phase I the Owner, Contractor and City, in consideration of their mutual p-omises and covenants contained herein, agree as follows: I 1. Covenants of Contractor. Contractor agrees as follows: p (a) Specification. To construct and install the Improvements in accordance with tue procedures, specifications and standards contained in Division II and III of the Gay's Standard PAGE 2 o • L ~h i AAA02DD7 i Specifications for Public Works Construction North Central Texas, VI 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 I orders. That all work on thr 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 l materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Fngineer 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 Coniractor's expense. Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or • replace, if so airected, rejected, unauthorized or condemned work f or materials, or to follow any other request or order of the City E Engineer or his representative, the City Engineer shall notify the PAGE 3 i I I s J~ 1 AAA02DD7 i + owner of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied to the satisfaction of the City Engineer, the City shall have no obligation under this agreement to approve or accept the { Improvements. i (c) Insurance. To provide for insurance in accordance with i the insurance requirements applicable to contractors as provided i { 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) McAR1s and Methods of constructThat the means and methods of construction shall be such as Contractor may choose; subject, however, to the City's right to reject any Improvements I for which the means or method of construction does not, in the judgment of the City Engiocer, assure that the Improvements were constructed in accordance with City specifications. • 2. MQtuaZ Covenants of owner and Conti, or. Owner and Contractor mutually agree as follows: (a) Performance Bonds Es row 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 i PAGE 4 F I l • MAVIDD7 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, (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. Withoet exception, the city's escrow agreement form shall be used. (b) Payment Bond: ilssurance 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 i,, favor of the City, and shall be executed by an approved surety company authorized i to do business in the State of Texas; or, i (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 I 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 + O 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 PAGE 5 • I 1 1 i MA92DW i 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 -1 the construction of the Improvements ...ve '>een paid in full and that there are no unrele. recorded liens filed against the Improvements, or land to which they are affi%ed, 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, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Reta ce, Final Payments, [This provision (c) applies l only where the Owner and Contractor are not he same party.] That l as security for the faithful completion of the Improvements, Contractor and Owner agree that the Owner shall retain ten percent of the total dollar amount of the contract price until after final I approval or acceptance of the improvements by the City. The Owner shall thereafter pay the Contractor the retainage, only after • l 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 PAGE 6 s - ~ 1 AAA02DD7 become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the Improvements, or land dedicated to the City, to which they are affixed, the owner and Contractor shall upon notice by the City promptly cause such claim lien, charge or encumbrance to be satisfied and released or promptly post a bond with the City in the amount of such claim, lien, charge or encumbrance, in favor of the City, to 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) 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 • • • I brought for or on account of any injuries or damages received as sustained by any person, persons or property on account of the PAGE 7 • r ?M02DD7 1 f 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 j 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) Aareement 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. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. 4. Venue and govgrning 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 f contract shall be construed in accordance with the laws and court i • decisions of the State of Texas. 5. This contract shall be binding upon { and inure to the benefit of the parties hereto, their respective successors and assigns. i I PAGE 8 1 I • AM02DD7 Executed in triplicate this, day of 'j AwAer OWNER CONTRACTOR IiINDY HILL DEVF.LOPAfFWf CO. JAGOE-FUSLI . I BY: BY: ^ CITY OF DENTON, TEXAS BY: ~sr A. CITY MANAGER ATTEST: J PER ALTERS, CITY SECRETARY l." APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: HG/7~ a a I if . i i a j PAGE 9 1 • I EXHIBIT A~ SANITARY SEWER SYSTEM Item Description Ski Units Unit Item No. Ouarrtity Price Arnaint ' 1 r 8DR 36 PVC Plea 11418 L.F. _ pp f 2 4' DY. Mad+do' 4 E40 A V, f, $ J r Dla. ManhoW' 1 Eath AXIM 4 6' ClaanaA A Pad 2 Each Atwap- a 6' Plug 1 Each 8 Hwo SaMoa 34 Eadr lp 7 Coned 10 Edd SMW I Each a flock Sadbum at a Each dome P"s S 0 8 1 89* Tench BMW 667 C.Y. -92,00 21 W14uffl 10 Ropdr "flow 1 L8. pow"MI '/W,DO f~aQD 11 Tmdh 8a:aty Sys*m 1 L8. 12 TrafOo Comol 1 L8. / QQg .0 to MkoMm m b 1 L.B. bOd ~ CompbM TOTAL PROPOSED for SANITARY SEWER SYSTEM - S 7'S~(8 Z (Write the Sanitary Sewer System Total on page 9,) NOTE: All prices are for the partiotAar hem oo Vkft, Irwlled in piece in aoceptal* condition. " Bidder anticipates using M/Preca$t [ j Cast-ln-Place or ( ]'both types of Manholes on this project, r r • I { IfI 1 Ij STOMA DRAINAGE SYSTEM Item Desaip w Bid LM 11W No. GUM" Nina AWAW 1 42' Plea 710 LF, : $ j IdW 2 36' P1pa 509 L.F. I 3 21' Pp 14 LF, 2CAA 'A 4 W P" 174 LF. Z6,08 3 6 Type 6 ' WeAme 1 1 Each m0a 11 SN. an 6 6 DM. M4FA* 3 Each / 7 10' SWrdud Curb Wer 6 Each 6 36• x 21' WYE 1 Each oird4a 9 36' x 16' WYE 3 Each DAD 10 16' x 16' WYE 1 Each 11 4:1 36' sally End I Each 12 Trwxh Se" Syosm I LS. 13 Tmft Conaol 1 LS. i 14 A41808Aa WO M b 1 Ls. ]p D, 7Lb ~ COW" t TOTAL PROPOSED for STORM DRAINAGE SYSTEM • $ 74/4Y/aann (Write the Storm Drainage System Total on page 9.) NOTE: All prices are for the particular item complete, butalled in piaoe in aoceptable condition. • Bidder anticipates using (J Precast Wcast in•Place Inlets on this project. Two materials are acceptable for sfprm drain pipe in the City of Denton. The Bkider proposes to use (J Class III RCP, [If Aluminized Type fl Spiral Rib Comigated Metal Pipe, or both types (check one box) on this Project. i i .s• • tt _ I 1. WATER DISTRIBUTION SYSTEM C Rom Descitption Bid Units Unit lawn M No Ouantily Price Amourd 1 w PVC P" P21 L.F. S 3 13,91 S 2 r PVC PI" 997 LF. 3 /.1 It 3 in fP TS&V (BY CRY) I Each .0- 4)- 4 1' Four Swvbo 34 -Fach , 5 Fie Hyd vK (ComowM) 3 Each 0 r Pkq wMh 7 Blydw I Each 7 M Pkig wkh 2' Blyder 2 Each *go -C6 d r Nerd 1 Each 140 0 ON 0' Fleduow 2 Each J20-0t) 10 S'x C Tr 1 Each I I n M Tee 2 Each VA 10 Q V4A.&O 12 S' Oak Ulm 2 Fach $D f 13 5' GO% VAMm 4 Each 7 14 1 8aok TM%h SaW an C.Y. 3zm / 15 Twoh Safely SyeMm 1 LS. /MIX 160,00 16 Tmft Control 1 LS. -4 rAdm t7 MWOSUneous to 1 L8. TOTAL PROPOSED for WATER DISTRIBUTION SYSTEM e $ G~l~BS E~ • (Write the Water Distribution System Total on page 8.), KCocopper mplete from main pipe to curb stop and meter box, Including corp. stop and 1' Type pl ipe. NOTE: All prices are for the particular Item complete, hurtled in place In aooepteble • oonditlon. • • 7 1 ILIMSAVIN i { I i ASPHALT STREET PAVEMENT (Base Pavement E" m DespipdorL fJnits P m Price Amount No 0 1 E Y a ciaerp 6,713 C.Y. `8 ,~4~ : 5,4Gr,~~ 'I 2 Dft ExoWWW WW09d 1,621 C.Y. O^ (A, old, 04 ~on dM) 3 6• Lkm SW W"d 9,266 B.Y. 2,95 X7r 4 CawsM Curb t ,AA' 4,436 LF. 5 5- Two COU M MAC 6,727 S.Y. $ 3 6 r TMw Court mw 11657 S.Y. 7 SldrM& Finep WOO- a Each xSAD ~D.DO 1 8 Saw CIA Paramanl Edp 965 LF. 9~5a0 9 MOGF• 4 Guml Fiats A 42a L.F. /9.00 G. f~10,(8 POW 10 AWs Bare 1 L8. 1.Z60,1L If ZOOM 11 Traft 80* 1 L8, 12 mWoomm"m b 1 L8. ComptW //O 1/'W- 60 i TOTAL PROPOSED for BASE PAVEMENT BID i, 79•GLro.DD (WrNe the Street Pavement Total on page 9.) • Include intersection, ileMrork. Inducting constnx;tion of house pads. NOTE: All pikes are for the parkular Item owVk te, krstalled in place in acceptable condition. NOTE THAT PROJECT GRASS INSTALLATION AND MAINTENANCE WILL BE PROVIDED BY THE DEVELOPER. • • •8- Age { • J1~ 1 i I i CONCRETE STREET PAVEMENT ALTERNATE Item Description Bid Unlts lkrlt Item No. Guar ty Price Amaxri I r CWC" PawnMnl' con a.Y, t f (3awY) ' 2 r ■ S CA 4.498 LF. 9 Tmft Saigy I L8, + 4 MMolftnMO b Z Le. {J !11 omom I TOTAL PROPOSED CONCRETE PAVEMENT ALTERNATE - S (Write the Concrete Pavement Alternate Tota! on page 9.) `Include minforeft sleet, jo ft. for OOmpWW. NOTE; All prices are for the pertiadw item oomplele, irrsWW in plaoe'in aooept W mvfton (incluft m#wh ction of hotme pads). NOTE THAT PROJECT GRASS INSTALLATION AND MAINTENANCE VALL BE PROVIDED BY THE DEVELOPER. i 1 N BA . • _ _ ~,._._...-ter+.- _ kT, n • I The estimated quantities shown In the tapes were prop" for the convenience of the Bidder. By signing the B Form, the Bidder attests that he has confirmed or corrected the estimated quantities and has based his bid on his own Independent analysts of estimated quantities. Where he finds a discrepancy, the Bidder Is encouraged to cross out the estimated quantities shown In the table and Insert his own values In their place. SUMMARY OF BID AMOUNTS: Sanitary Sewer System Total - $ 7Z / SZ .BD Storm Drainage System Total - 7y 9s(,. 00 Water Distribution system Total - G8t 8S~ DD Street Be" Pavement Total . / 7~; DO0,O0 LUMP SUM CONTRACT PRICE - 5 ~/d/,( DzZ, tt~lJ i C o n c r e t e Pavement Alternate Total - $ A)o B i b The Bidder shall complete the Work, Including all Inckierrtal tasks known or unknown at the time this Bid Is submitted, for the following Lump Sum Contract Price; f=our kVAA4" oat neu5*X4 LUMP SUM CONTRACT PRICE: 7 k . n_ AD L)n Lati quo C, " (s e'or, a tz.ray • (words) (numbers) The Bidder shall complete the Work for the use enjoyment of the Developer within f) calendar days or GS" Kworking days (the equlvelent of ninety calendar days Is suggested) following receipt of a wrttten NOW* to Proceed is sued by the Developer or his designated representative, The Bidder proposes that for each calendar day completion of the Work is delayed beyond the stated numbs ,of calendar days, the Lump Sum Contract Price shall be reduced by Three Hundred and No/100 Dollars (5300.00). (Paragraph 12,4 of the General Conditions will apply to delay of project completion.) (The BID Is continued on the next page.) • ~ M • .g. MUK- I i { { r~ BID FORM SIGN TURE PAGE r r This Bid Is submitted this day of~ 1996. 6-o s-- Pu or u C -C-41 44 ea4y Blur/Contractor - r uP By: Siena re of Offim (R a corpora d#) r Name: 6* 11 Cat ce~k 6L. ~ 3020 ~~yycrt'r~ ~r ' Street Address j>u,.#n~ Tomas -7 L.22-067 Cfty, State,and Zip Code -7 3 9' 2 - 1-s- YJ Telephone Number r r -10- i I • • AAA019DE BOND Nn, 325231 PROJECT NO. - ! i CONTRACT NO. PERFORMANCE BOND THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S That JAGOE-FjSLIC 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 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 One Thousand Twenty-Two and No/100 Dollars f5 01l n9p_nn 1 Dollars, lawful money of the United States, for the payment of which sum well and truly to be made we bind ourselves, car heirs, executors, administrators, and successors, jointly and r,everally, and firmly.by these presents: THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a cer~ain• contract with owner, dated the day of 19 , in the proper performance of which the C ty oY Denton, Texas, has an interest, a copy of which is hereto attached and made a part • hereof, for the construction of: Sanitary Sewer, Storm Drainage, Water Distribution System and Street Base Pavement to serve The Meadows of Windy Hill, Phase 1 in the City of Denton 1 • 1 • • NOW, THEREFORE, if the Principal shall wall, truly; and j faithfully cause to be performed and fulfilled all .f the ! ti undertakings, covenants, terms, conditions, and agreementr of said contract in accordance with the Plans, Specifications, and Contract Docur.ents during the original term thereof, and any extension thereof which may be granted, with or without notice to the surety, PAGE ONE • • • AM019DE BOND N4. 325231 PROJECT NO. !i I CONTRACT NO. 2 z PERFORMANCE BOND I THE STATE OF TEXAS 5 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S That 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 authorized to do business in the State of Texas, here natter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "city" in the penal sun of---Four Hundred One Thousand Twenty-Two and No/100 Dollars (S dni,ro~.on 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 enterekt into a ce"ain•contract with owner, dated the day of , 19 , in the proper performance of whica ''he C ty of Denton, -Texas, has an interest, a copy of which is ;,.,reto attached and made a part • hereof, for the construction of: Sanitary Sewer, Storm Drainage, Water Distribution Systbm and Street Za9e Pavement to serve The Meadows of Windy Hill, Phase 1 in the City of Denton • • • NOW, THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed and fulfilled all of the undertakings, covenants, terms, conditions, and agrc,.gents of said Contract in accordance with the Plans, Specifications, and Contract Documents during the original term 'thereof, and any extension thereof which may be granted, with or without notice to the surety, PAGE OtiE I 1 { 1 a j 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 boring hereby waived; then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. AND, that said Surety, for value received, hereby stipulates and agrees that ,o 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, 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 :L_!L day of L40 kjt, 19.i PRINCIPAL SURETY JACOE-PUBLIC COMPANY AFAROARO SURETY COMPANI BY: BY: ATTORNEY-SIN- CT Rosemary Weaver ATTEST: SECRETARY 11 NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND HUST NOT BE PRIOR TO DATE OF CONTRACT. • • • PAGE TWO AAA019DF BOND N0. 325231 PROJZCT NO. CONTRACT NO. PAYMENT BOND THE STATE OF TEXAS S i COUNTY OF DENTON S THAT JACOE-PUBLIC COMPANY P. 0. Box 250, Denton Texas of Denton County, Texas, hereinafter called principal and l SEABOARD SUPETY COMPANY e a Corporation organized under the laws of the State of New York and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City", and unto all persons, firms and corporations who may furnish materials for or perform labor upon the buildings, structures or improvements referred to in the attached contract, in the penal sum of ---Four Hundred One mho nand. Twenty-Two and No/100 Dollars------------------------------------------- (g 4o1,D2z.oo ) 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 bird 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 day of , 19 , in the proper performance of which the C ty of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: Sanitary Sewer, Storm Drainage, Water Distribution System and Street Base Pavement to serve The Meadows of Windy Hill, Phase 1 in the -City of Denton PAGE ONE I 1 i • NOW, THEREFORE, if the Principal shall well, truly, and faithfully cause to be performed its dutiej 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 made, notice of which modification of the surety is hereby expressly waived, then this obligation shall -be void: otherwise to remain in full force and effect. Provided further, that if any legal action be filed upon this bond, venue shall lie in Denton County, Texas. AND THAT said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same shall in anywise affect 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 w ich shall be deemed an original, this the & day o! , 19i~;_. PRINCIPAL SURETY JAGOE-PUBLIC COMPANY SEABOARD SURETY COMPANY BY: BY: "1 4 V AL YZ ATTORNEY-IN-F CT Rosemary Weaver ATTEST: i • SECRETARY NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF COMIRACT. PAGE TWO i I r J I I I Certified copy SB1180J~~tD SVkBTY COAJINY 2R-3935 No. 11956 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of Now York, has made, constituted and appointed and by these presents does make, constitute and appoint John R. Stockton or Rosemary Weaver or L, Fay Pitts, Jr. or Beverly Hayes of Dallas, Texas its true and lawful Atl orn ey-i n - F ac I. to make, execute and deliver on Its behaff Insurance polbles, surety bonds, undsHakMps and other instruments of similar nature as follows', WitJtout Limitations Such insurance poilcles, surely bonds, undertakings and instru! As for said purposes, when duly executed by the aforelsaid Attorney-m-Pact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized olficers of the Company and sealed with its corporals seal; and a I the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the Said Company on December 81in 1927. with Amendments to and including January 15, 1982 and are still in full force and effect: An 1 n' L E Vlt, SE:C IION -POlicler, bonds, recogniaances, stipulations, consenls of surely. Imderrrriting undeMMMpa and lnstrumorA Welfare thereto. Insurance pohc'eo bonds recognuanees lhPulahons. consentsol sunnyand underwahng undenaxmgs of the Company and roleases.egrtemanis and ollyi Ss n r Cl n4 le nu nr s ) -rd m the name and on bo till of the Company .>J a. Fn Frs h: t\hcb i drnl and by lhE.`iec;remry. nn Assislant SecrClary, anCsidenl li Sei nary u, a Fr;~ornt Assi slant Secrclary W Ibl oy an Aeornoy in-Facf for the Companyappomled and 1111lh0faed by the Chairman of the Board, the P,esidenl o, a Vice Prestdenl to make such signature, or m by such other otltce4 or representatives as the Board may from time to lime determine, rnr Sea! 01 Ihr Company snail d appropriate dr alhx etl Inrrelo by any Burn cl Gcer. Allomey-in-Facl or rapeoaentain e" IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of Its Vice- Presidents. and its corporate seal 19 he hereunto affixed and duly attested by one of its Assistant Secretaries, this ..,20.th day of January 1994 va 5e 4r,r Attest; SEA RD URETY COMPANY, ! 11121 ✓,'rn,Na•s`,r (Seal) ~-e~..✓~/'~!. EC~'st.G~(r? By ..`/I ~''-''~'''''iJ.,.... aarff I atstanl Secr 8ry Vrce-ikeeldenl STATE OF NEW JERSEY ss COUNTY OF SOMERSET On this 28th. day of JanllaXY_ 18.94....., before me personally appeared Michael B. Keegatt_, aWce-President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who, being by me duty swom, said that he resides In the State of ..Now.jersey.._ ; that he Is u Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the Said Company; that the seal affixed to said Instrument is such corporate seal: I that it was so Alfixed by order of the Board of Directors of said Company; and that he signed his name therefoas Vice-President of said Company by like authority BELINDA FAYE LEE S."a NOfAl1 0i MEW ~EASEY (5eai) Sala;ya;reue C E R T I F 1 C A T E 1 thAsastanl SucrrlaryolSEABOARD SURETYCOMPANY do hereby certify that the original Power of Attorrleyof which if* lOregOirvg la 1111011 . vue and correct copy. is In lull [nice and effect on the date of this Certificate and I do further certify that the Vide-Pariodant who executed the said rower of Atln,ney was one of the 011¢ars eulhonred by the Heard 0 Direeloralo appoint en attorney-in-fact es provided in ArtkM VII, seelfon 1. 01lne ft-Laws of SEABCIAnb SURETY COMPANY Tn,s Cen,f!cate may be signed end sealed by lacsimiie under end by sulhordy of the Iotrowbtg resolutwn of the Execul" Committee of tlfe Board Of Duectoisof SEABOARD SURETY COMPANY at a meeting duly called and held ontrx26th day of March 1970. 'RESOLVED 12) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an AuMtanl aeerearV on any ••dAnaan,dV.nvn„,rmessol;r rte',; OLv, msla..... r.rcufed pYtree PreS~denroraVme Pre4denl pursuant to Article, VII. $pclinnI oflhe By-Caws , i. 1 r r !u. d^'I on i ,!-etl at Ine Cdrnpany u!!C!y bonds. unde!wrt'r19 underlakrng5 or other • r ro 0,.(l u +s I auvr seal and such s,gnature had been manually afhred and made hereby rs a ..,,.~r 1 , f a'.,I'•l rd •r., dd • porate,.....,see19 o Company to these presents this IN WITNESS WH R 192] . have erounto sot my he rinclaffixedth cot _ day of `.r•`"Ix'" Form 967(Rev 744 1 t f rr , ! C 0 , u h ql.~ ily of thfa Pov,w of Al,omp/ )!dl !iroy r.-ht1)11%1, 9LI.1 Viu J'.ill(1 arid pox I•x the Power of A[Ican y Oofk Phoa°fl Irfnr to trio Prw(u n! ,th b„ II , v„r hrln ('d Indivl(iudli;l and d0his rd Iho h d to lvbioh II u Ir)v;or i9 ar,fochad In Now Yolk,.6ldl 212x'7 54.11 S ~1 L At I • ' I ~wmrzw TMM O~TI Mg MI 9+9,1uo A InVWAOI MwMA ~ . COWW Nq Mo 9InIn uFOMtnM a rlrrAn~ r'^" " MOT AMv101 VT 011 ALTO 11,19 PUMP, ,1011 NIII1111111C9 y!94, MM L MM Mr1 A COMPANIES AFFORDINC3 COVERAW o«+.M TV rw A Tb TTM+MwM MrMMO LSTM 9 uT,el mr wr C Ct+MI+IM ru u m OWN# 0 F~ Tx "M T+M M TO CoMn MAT OE FMJM OF ,1MEI/1 AM LWO Ma4W MW M91 "M TO Tl1E MMUWD MAAM AMTME MA THE +011CY FIIMOo *MATW. Mo1YRwAMDEA AMr ROMMMI6R, MW op ODIM110M W AWr COMIIMOT OA OMM OOCIM W MTM M PW7 M "C" Trd cERMMCA dl MAY MIIIAFA TlE rtl,1ANNCE AFACADIL N Tls Ipu~A r I -M 0 wrom r SLW= TO A1L THE TMK µp EE MOpgf1r1~[D M ,1T MJG1 r'OUfkl. LMI1t>t H10M!!!, YAr HAVr, IM MM%lC60. 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Box M~ IF ANY 00 LMOM TM COM►!M', AM M,1 CA 1 PWWATMTA L9T9w^Ll TI mow WIWIWAWAWA IOO d 001 Etc 118 1'131 9~I1I 1 A3WV8 IS ZI IQ8i196.61• d33 • i OOOO~ol~OQf o WO O°Q Q O{{ T~ O O ~ ~ p d a a } °°00°aaanoo4p4°° k I f .r t `t r • -1{.r.. s~/ r' t, ~',3,?r ~2~~y+~Sls~~tb~',~y't~j~ct'~~`l~'ul( 1,1 xi~n • • f AAA0 M PROJECT NO. X10 U CONTRACT NO. THE STATE OF TEXAS 5 DEVELOPMENT CONTRACT COUNTY OF DENTON $ Whereas Denton County, Texas hereafter referred to as "Owner," whose business address is 110 West Hickory, Denton, TX 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 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 in accordance with Section 212.071 of the Local Government Code 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 46' pirfine`° o'o'ntrac£or, . iri PAGE 1 , l I 0 r a AAA02DD7 / which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the Owner as named above; or ~ Whereas, the Owner elects to make such Improvements hereafter set forth by contracting with Wright Construction Co., Inc, whose business address is 601 W. Wall St., Grapevine, TX 76051 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 1450 E. McKinney, Denton, TX 76201 the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows; 1. Covenants of QoLlt ractor. Contractor agrees as follows: • (a) Specifications. To construct and install the Improve- ments in accordance with the procedures, specifications and standards contained in Division II and III of the City's Standard PAGE 2 i R R 'k AAA02DD7 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 51nd Orders OwnQr and Contractors Warranty. 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. (c) 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 R replaced at Contractor's expense. The owner, the Contractor and their surety on the performance bond shall and do hereby warrant f and guarantee, for a period of one year from the date of final t R acceptance, all work as called for in the specifications and con- R tract documents to be free from defects in materials and workman- ship. Owner, contractor and their surety, as-the case may be, PAGE 3 t i • I JJ 1 j AAA02DD7 i shall remedy any such defects in materials and workmanship and pay for any damage to the work or to other work or facilities which shall appear within one year from the date of final acceptance by the City. (d) The City Engineer or his designee Ehall perform periodic inspections of the wo-k and shall perform a final inspection prior to the work being turned over to the City and shall make the final inspection 30 days prior to the expiration of one year from the date of final completion and acceptance of the work by the City. The City Engineer shall immediately, after making the final inspection, send a written report indicating any defects in materials or workmanship to the owner, the Contractor, and their surety. 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 Improve- ments, ~ ~ • (e) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided PAGE 4 77 : = • AAA02DD7 / 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. (f) 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 Ci,:y Engineer, assure that the improvements were constructed in accordance with City specifications. (g) Books and Records. All of the Owner's and the Contrac- tor's books and other records related to the project shall be available for inspection by the municipality. 2. Mutual Covenantg of Owner. and. Contractor. Owner and Contractor mutually agree as follows: (a) Performance Bonds/ = row Agreement. That if building f 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: (i) The Owner or Developer shall provide a performance bond in an amount not less than the amount neces- sary to complete the Improvements, as determined by • • the City Engineer, which shall be submitted guaran- teeing the full and faithful completion of the Improvements meeting the specifications of the City, shall be in fav-)r of the City.,, and shall be executed by a surety company authorized to do PAGE 5 r • AAA02DD7 1 business in the State of Texas in accordance with Chapter 2253 of the Texas Government Code, The owner and his Contractor shall assign any and all rights in the bond to the City at the time the improvements are transferred to and accepted by the City as may be necessary to fully protect the City's interest in the improvements under the bond. (ii) If the cost of the improvements at the time build- ing permits are requested is an amount of $15,000 or less, as determined by the City Engineer, cash money in the full amount necessary to complete the improvements and to fully protect the City in the event that defects in materials and workmanship are discovered, as determined by the City Engineer, may be deposited with a bank or escrow agent pursuant to an escrow agreement ensuring completion of the improvements and to fully protect the City against defects in materials and workmanship. Without exception, the City's escrow agreement form shall be used and the escrow agreement shall remain in effect for one year from the date of final comple- tion and acceptance of the work by the City. (b) Retainage, Final Payments. (This provision (b) 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, including Owners affidavit that all indebtedness has been paid, • that all indebtedness connected with the work and all sums of money • • due for labor, materials, apparatus, fixtures or machinery I PAGE 6 Ago • • AAA02DD7 1 furnished for and used in the performance of the work have been paid or otherwise satisfied. (c) Encumbrances. The City Engineer shall require the Owner or Contractor or both to furnish a list of all contractors and subcontractors who performed labor on or persons supplying material for improvements and shall require a written release of all claims from any such person prior to acceptance of the improvements. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the Improvements, or land dedicated to the City, to which they are affixed, the owner and Contractor shall upon notice by the City promptly cause such claim lien, charge or encumbrance to be satisfied and released or promptly post a bond with the City in the amount of such claim, lien, charge or encumbrance, in favor of the i City, to ensure payment of such claim, lien, charge or encumbrance. (d) indemnificat on. The Owner shall and hereby does 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 fa:- 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 PACE 7 • I AAA02DD7 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. (e) Agreement C,,ontrollina. 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. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. 4. Vence 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 he construed in accordance with the laws and court decisions of the state of Texas. • 5. Successor and Assigns. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. r PAGE 8 { i AAA02DD7 Executed in triplicate this, 29th day of October 19 96, OWNER CONTRACTOR Wright Construe ~n Co.~ Inc. K BY. BY: CITY OF' ENTON, AS BY: C TI Y MANAGER ATTEST: tiz ALTERS, CITY SECRETARY I APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 1 r : I 'j PAGE 9 • t s AAA046FD PROJECT NO. ! CONTRACT NO. PERFORMANCE BOND TX 529493 THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS; COUNTY OF DENTON § That Wright Construction Co., Inc. 1 of Tarrant County, Texas, hereinafter called Principal and Merchants Bonding Co. i 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 One Hundred Ninety Nine Thousand Three Hundred Sixteen 00/100 (S 199,316.00 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 October , 19 96 , in the proper performance of which the City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: • Site Utilities for Penton (:0unty Courthouse . NOW, THEREFORE, if the Principal shall well, truly, and • faithfully cause t:o 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, PAGE ONE • and during the life of any guaranty required under the Contract, which is incorporated, as if written word for word herein, and shall also well and truly cause to be performed and fulfilled all the covenants, terms and conditions and agre--^Rnts of any and all authorized modifications of said Contract th may hereafter be made including, without limitation, to remedy and pay for any defects in material and workmanship or damage to other work or facilities which shall appear within one year from the date of final completion, notice of which modifications to the surety being hereby waived; then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. AND, that said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the Plans, Specif'_cations, Drawings, etc., 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 to be performed thereunder. IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the 29t), day of October 19 96 PRINCIPAL SURETY Wright construction Co- Inc. Merchants Bonding Co, i BY. BY: / AT -I - A (Donna Bogert) A ESi SECRETARY f NOTE. POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT DATE OF POWER OF • ATTORNEY CERTIFICATION MUST NOT BE PRIOR TO DATE OF CONTRACTOR BOND. ~ • • PAGE TWO f 0 It 1 • I 1 i Merchants Bonding Company (MUTUAL) POWER OF A17ORNEY Know AM Men By These Presents, Net III MERCHANTS BONDING COMPANY (MUTUAL), a corpastlan duly Organized under the lave d Me Stale of laws, and having Its prfno"I office M the CRY of Des MoNN, County of Pdk. Stale d lows, hath merle, combTuled and appdeted, and does by these presents make, consWe and appoint Sohn W. Bougeron, Ann Bennett or Donna Bogart M Dallas and Slate of Texas Its lee and lawful Allomely.ln•Fad, with fus power and ahthority hereby ooMerred In In rime, place and stead, to age, ex cede, acknowledge and deliver in fire behalf as surNy, aany and as bonds, undeMkings, recorizancss or other wnltan oblIgatione In the nature tend, subject to the liml atiun that any ouch Instrument shall not exceed the amount of: TWO MILLION ($2,000,000.00) Dollars and to bkd the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to IM same extent as t Such bond W undertaking was a". by the duly authorized offices of "MERCHANT'S 0016 O COMPANY (MUTUAL), and all such are of said AtanepkrFad, punca nt fo the authority herein given, are hereby reu+e l and W. irned, This Power-el-Adomey to made anal executed puns nl to and by authority of the folhor" Amended Substituted and Restaled By.LAws adopted by the Board of Okactas of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1 M. ARTICLE II, SE CTKON B. -The Chairman of the Board or President or any Vice President a Saaetary Mss hew power and sutra. iy to appoint Atomeys-in Fact, and Io autfdrlto tam to execute on behalf of the Company, and attth file Seat of t e Company thei bonds and urld.Nh ildngS, reWgrt[anCaa. "mat of WK%"ity and other w6*0 obligatory In the nahKe IhernOl, AR'rlCI.E II, SECTION S. -The "lure d any avfhoriaed outer and to Seal of the Company may be affixed by facsimile to any Power of Atomey a Centicabieh thereof authorizing the executbn and delivery of any bond, uldadaking, reeogM:aroe, or other sure"hia obagolione of the Company, and such &"lure and goal when so used shelf have the some fora and exert as though manually fixed, In Wdness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these preaches to be signed by fro Voe•PreskJSM and 3 his corporate goal to be hereto efexed, this 13th day of December .$A 95 MERCHANTS BONDING COMPANY (MUTUAL) 4\110 0oM• .'mo~pPPOq 7 A''• • .x _d_ rr: o ' 1933 ;;C; By y'd A STATE OF IOWA ' • • COUNFY OF POLK as on this 13th day of December fo 95 be!ae me appeared Larry Taylor, to me personally knoen, who bring by me duly ewom did say Mal he is V,ce•Presleerri of the MERCHANTS BONDING COMPANY (MUTUAL). E the corporation desenbed in the lordgang Instnanenl, final that the Seal aMixed to the said Instrument is the Corporals Sea) of the Said Corporalion and Ihnl the sad Insleumertl was signed and waled In behalf of sad Corporation by autnority d its Board of Dit"ors. In Testimony Wnerecl, I have hereunto sal my hand and Mixed my Olivet Seal of to City of Des Moines. Iowa, the day and year first above wrltion PK M° 1 ar % Notary Public, Polk Casty, Iowa IOWA ' MyCommrsslon tor' Expires 2.19.98 STATE OF IOWA qRI A4 COU4TY OF POLK as - • I, YAll,em Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), du hereby eerily that the above and loregoing j is a uue and aJreok COPY 01 the POWER-OF•ATTORNEY, exewded by said MERCHANTS SONMNG COMPANY (MUTUAL), whkh is still in force and etlect. In Waness Wheh Ml, I have hereuntn gel my hand and affixed de Seal at lm Company on Uss 29th day or October 1996 ~mQ,oRPOyoff"0•• s.d.M 31 : y:' • Thha POwe M1ObAMpnrey expkea 12 A'.;i _ _.'S~ • N. -b- ; usca,. 1933 oC: ' I • 1 WRIGHT CONSTRUCTION CO., INC. 601 W. WALL ST. GRAPEVINE, TEXAS 76051 (817481.2594 PROPOSAL JOB: DENTON COUNTY COURTHOUSE DATE: OCTOBER9, 1996 TIME: 2:00 CITY: DEN TON ITEM UNIT TOTAL NO DESCRIPTION UNIT QTY PRICE AMOUNT J~ BASE BID PUBLIC STORM DRAIN IMPROVEMENTS 1 48" CL Ili RCP LF 450 $69,29 $31,180.50 2 CHANNEL EXC CY 2965 $1.65 $4,892.25 3 48"TY B HDWL EA 2 $1,677.50 $3,355,00 4 ROCK RIP RAP SY 300 $49,50 $14,850.00 5 HMAC REPAIR SY 347.8 $22.00 $7,651.11 6 CHANNEL SEEDING SY 4722 $0.77 $3,636.11 SUBTOTAL STORM DRAIN IMPROVEMENTS $65,564,97 WATER 1 12" DR 18 WATER LF 1149 $19.00 $21,831.00 2 8" DR 18 WATER LF 1059 $11.00 $11,649.00 3 6" DR 18 WATER LF 323 $9,00 $2,907.00 4 RELO FIRE HYDRANT EA 1 $1,050.00 $1,050.00 5 6" GATE VALVE EA 8 $445.00 $3,560.00 6 8" GATE VALVE EA 3 $580.00 $1,740.00 7 12" GATE VALVE EA 3 $1,000.00 $3,000.00 • 8 16X12 TAP SLV & VALVE EA 1 $4,200.00 $4,200.00 9 12X8 TAP SLV & VALVE EA 1 $3,100.00 $3,100.00 10 CUT IN 12" TEE EA 1 $650.00 $650.00 11 STD FIRE HYDRANT EA 7 $1,400.00 $9,800.00 12 1" IRR SERVICE EA 1 $385.00 $365.00 13 6" DOMESTIC METER & VAULT EA 1 $18,000,00 $18,000.00 • 14 FITTINGS LS 1 $3,600.00 $3,600.00 • • 15 TEST WATER LS 1 $4,300.00 $4,300.00 SUBTOTAL WATER IMPROVEMENTS $89,752.00 96156. B1 • r 0 14VENATR_N0 1,1 1 248" CL IH RCP LF 50 $115.00 $5,750.00 2 248" TY 8 HDWL EA 2 $2,873.00 $5,746.00 3 CHANNEL EXC CY 7440 $1,60 $11,904.00 4 ROCK RIPRAP SY 300 $48,00 $14,400.00 5 SEEDING SY 6889 $0.90 $6,200.00 TOTAL ALTERNATE NO 1.1 $44,000.00 TOTAL BASE BID + ALTERNATE NO 1.1 $199,316,97 (PUBLIC WORK) • i I` 98156.81 • I I 1 r0619E A D~ CERTIFICATE OF LIABILITY INSURANCE OAT 111 'D°Y" rnooucBR - 214443-3100 THIS CERTIflCATE IS ISSUED AS A MATTER OF INFORMATION NOEL/GREAVES Incorporated ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLbER, TMlS CERTIFICATE DOES NOT AMEND, EXTEND OR 3100 Monticello, Suite 300 ALTER THE COVERAOE AFFORDED BY THE POLICIES BELOW. Dallas, TX 75205 COMPANIES AFFORDING COVERAGE COMPANY Royal MUUOCa Company A / WSURlb--~ COMPANY - Wright Construction Co., Inc, B Royal Indemnity Ins, Co. 601 W. Wall St. COMPANY 1 C American Nrtlonrl Fire Grapevine TX 7605 COMPANY D THIS IS TO CE R'nFY THAT THE POLICIES OR INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FUR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUiRE11wi TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF 3NSUF1ANCt POLICY NUMBER POLICY VFKTYVI POLICY EXPAUTION LIMITS LTA OAIE IMMOONII DATE IMMOONYI A OEXERAL UAaer1Y PSP079926 11!29195 I 11729/86 GENE ML Ao"tGATt 1 2000000 X CONIMIRCIALOENEAALLIABILITY PAOOVCTS. COM PLOP AOd 1 1000000 _ CLAIMS MADE Ex OCCUR PERSONAL A. ACV INJURY 1 Q NLO . OWNER'S L CONTMCTOR'S PROT [A CM 000URAINCE / 1009090 _ FIRE OAMAdE IAN - NIL 11 50000 MID trip 'AY,o Avow) L $000 B AUTOMOSILt LMBArrY RST262689 11129195 11129196 COMBINED SINGLE UM$T I 1 X ANY AUTO 1000000 ALL OWNED AUTOS BODILY INJUAY I SCHEDULED AUTOS If" Wr X MIRED AUTOS a001LYINJVRY III PRtMM I X NON OWNED AUTOS PM I I PROPERTY DAMAGE i 1 I I OAAAOE LIABILITY AUTOS ONLY- EA ACG DENT ' I II I ANY AUTO I OTe1 F R THAN AVTO ONLY. EACH ACCIDENT AGOAl 16 I 1 _ C EXCESSUABILHY I TUU9035649 11129MB 11129196 EACH000URAENCE L 20000000 _ 1L I UMBRELLA FORM ` AOORtGAT1 1 20000000 HI OTMFR THAI$UMBAELLA FORM II 'TI I- 6 WORRERSCOMPENSATIONAND RCS383760 11129195 11129196 Tow YTwIj T" 4 EMQOYER[' IIABIIITY I !L RACK ACC104W I 1 10D0000 El DISEASE • POLICY IIMIT 1 1 OQOOOO THE PPOPAlE1011; INCL -J- PAATNIAStEXECUTIVE I` OFFICERS ARE EFCL EL DISEASE ^tA EMPLOYE[ I 1000000 • l OTHER ~ I I DEaCRIFTION OF 0"I%A ONBAOCAYMMSNIHFCLESRAECIAI ITEMS City of Denton and Huber, Hunt,& Nichols are Additlonal Insureds as respacu General Liability. Welva of Subrogation Included for bath r 1E Fospecte Workers Compensation • RE: : Site Site Utilities for Denton Coun Courthouse TX5294g3R%628486 _ CENYIFiCA7E HOLC7CR n n CARCB1ATPON , • • SHOULD ANY Of THE AwMI DIICNUO POLICRta at CAKELLIO BEFORE THE Denton County, Texas EXHUTION DATE rAVOW. THE IBEUWG COMPANY WALL VW"VOR TO MAIL 110 W. Hickory 30 DATE WAITTEN NOTICE TO THIS CUTVPCATE HOLDER NAMM TO THE LEFT. Denton, TX 76201 BUT FA4LMI TO MAAL IUCH MOTNCI SMALL IMPOfI NO OILIOATION OR LIABILITY OF A NEED UPON THE COMPANY RI AOIMTI OR RSMISIIFTATNEI. ATtve ACQRp 26 $ ~1/!b}` 3. 7 ACORD CdRhbMTMN t98r • i JI~ i 7 OO~G~ 00 0C1- o 3 0 a ODOOO~oo r ° H t O~ooO + O ~QOOOpp~D A • Af. i i 1 e AAA020V7 i PROJECT NO.~ CONTRACT NO. THE STATE OF TEXAS 5 DEVELOPMENT CONTRACT COUNTY OF DENTON $ Whereas, Pulte Home Corporation of Texas hereafter referred to as "Owner,it whose business address is 1431 Greenway, Suite 700, Irving, Te).as 75038 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 in accordance with Section 212.071 of the Local Government Code 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 I--1 (select applicable provision as follows) C] Whereas, the owner elects to construct the Improvements • without contracting with another party as prime contractor, in I PAGE 1 1+x-01'•1996 15:5? 99% P.03 I • 1 i ' I 1 r AMO=7 which case the provisions of this contract which refer to "Owner" or "Contractor." shall mean the Owner as named above; or X Whereas, the owner elects to make such Improvements hereafter set forth by contracting with Murray Construction Co., Inc. whose business address is 515 N. Kealy Ave., Lewisville, Texas 75067 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; WITNESSETII 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 Crown Oaks Addition Y Lots 1-7, Blk A; lot 3-22, Blk B; Lots 3-17, Blk C , Lots 1-13, Blk D; Lots 1-22, Blk E 6 Replat of Lots 16-18, B1Y C the Owner, Contractor and City, in consideration of their mutual I promises and covenants contained herein, agree as follows: 1, Covenants of contractor. Contractor agrees as follows; (a) Specifications. To construct and install the Improvements in accordance with the procedures, specifications and • standards contained in Division II and III of the City's Standard PAGE 2 IJp.1-OS-15% 1559 46k p,(i4_ • J I UA0YDD7 Specifications for publ c Nark• Construct on North Central Texas, I 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 XG 1inar• Inapectioa Tests and f orders Owner and Contractors N+trranty, 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. Guarantee for a period of one year from the date of final acceptance all work as called for in the specification and contract docur-tint8 to be free from defects in materials and workmanship. owner, contractor and their courety as the case may be shall remedy any such defects in materials and workmanship and pay for any damage to the work or to other work guarantee for a period of one year from the date of final acceptance all work as called for in the specification and I~ contract documents to be free from defects in materials and/or facilities which shall appear within one year from the date of • final completion and acceptance by the City. • • PAGE 1 I4OV-01-1596 15:57 W/ P,05 oil" • r AAA02DD7 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. The owner, the Contractor and their surety on the performance bond shall and do hereby warrant and guarantee for a period of one year from the date of final acceptance all work as called for in the specification and contract documents to be free from defects in materials and workmanship, owner, contractor and their !surety as the case may be shall remedy any such defects in materials and workmanship and pay for any damage to the work or to other work or facilities which shall appear within one year from the data of final acceptance by the City. The City Engineer or his designee shall perform periodic inspections of the work and shall perform a final inspection prior to the work being turned over to the City and an inspection 30 days prl.or to the expiration of one year from the date of final • j' completion and acceptance of the work by the city. Upon failure of Ih 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 PAGE 4 IOW-01-1°96 15:57 48% p,06 % Awl i a hMOZna7 t 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 1 ' agreement to approve or accept the Improvements. (c) Insurranee. 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 Slanjard SpecificatLojUM for Zilklic 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 7r, 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. (e) Books and Records. All of the Owner's and the Contractor's books and other records related to the project shall be available for inspection by the municipality. 2. Mutual Covenants of Owner and Contractor. Owner and • Contractor mutually agree as follows; • • r PUCE 5 NM _01._19% 15.58 ~ ; P.07 • MA02DD7 (a) Performance BOB". 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 followinc security requirements shall apply: (i) The Owner or Developer shall provide a performance bond in an amount not less than Me 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 Teyes in accordance with Chapter 2253 of the Texas Government Code. The owner and his Contractor shall assign any and all rights in the bond to the City at the time the improvements are transferred to and accepted by the City. (ii) if the cost of completing the improvements at the time building permits is an amount of $15,000 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 or escrow agent pursuant to an escrow agreement ensuring completion of the improvements without exception, the City's escrow agreement form shall be used and the escrow agreement shall remain in effect for one year from the date of final completion and acceptance of the work by the City. f • (b) Retainage. Final Payn; tbs. (This provision (c) applies only where the Owner and contractor art not the same party.) ;hat as security for the faithful completion of the Improvements, contractor and owner agree that the owner shall retain tan percent of the total dollar amount of the contract price until after final approval or acceptance of the improvements by the City. The Owner PAGE b P. C48 1 • J11U10~DD 7 shall thereafter pay the Contractor the retainage, only after contractor has furnished to the owner satisfactory evidence including owners affidavit that all indebtedness has been paid, that all indebtedness connected with the work and all sums of money v due for labor, materials, apparatus, fixtures or machinery furnished for and used in the performance of the work have been paid or otherwise satisfied. (c) Encumbrances. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the city free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the improvements, or land dedicated to the City, to which they are affixed, the owner and Contractor shall upon notice by the City promptly cause such claim lien, charge or encumbrance to be satisfied and released or promptly post a bond with the city in the amount of such claim, lien, charge or encumbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. • (d) Indemnif do . The owner shall and hereby does 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 11AGE 7 4DJ-03 -1996 15:59 96i P, 09 i 1 1 ^w aJU►C2DD7 f 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 k , costs, which may be obtained against the City growing out of such injury or damage. (e) Aaraemsnt Control2~na. 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. 3t Coyenents of Citvt That, upon proper completion of the improvements in accordance with this agreement, the City agreew, to accept the Improvements. 4. Venue and Governing Lav. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court decisions of the State of Texas. 5. Successor and Assiaiis, This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. i PAGE 8 lJOU-OS-19% 5559 98'. P.SO • , 1 I i AAA02DD7 ' Executed in triplicate this, day of November 19 96 0 CONTRA P LTE H ME ORPORA I TE AS MURRA CONS RUCTION CO., INC. BY BY ichard L. Strom Oliver H. Mur CITY OF DENTON, TEXAS BY: ITY MANAGER ATTESTS FER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY f PAGE 9 I4OV-31-39% 15-.59 W/ P.11 • i i PROJECT NO. 9~ - CONTRACT N0. BOND NO. 31-01540 PERFORMANCE BOND THE STATE OF TEXAS 5 KNOW ALL MFN BY THESE PRESENTS: COUNTY OF DENTON 9 That MURRAY CONSTRUCTION CO., INC. 515 NORTH KEALY AVE., LEWISVILLE, TEXAS 75057 of DENTON County, Texas, hereinafter called Principal and FIRST COMMUNITY INSURANCE COMPANY 360 CENTRAL AVENUE, S'r. PETERSBURG, FL 33701 a Corporation organized under the laws of the State of NEW YQHK and authorized to do busineoo 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, Texan, hereinafter called "City" in the penal sum of THREE HUNDRED THIRTEEN THOUSAND FIFTEEN AND 60/100----------------------------- IS 313,015.60-•-_) 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 presants: THE Condition of this obligation is such that: WHEREAS, the Principal entered into a certain contract with Owner, dated 00 the day of November , 19 96 , in the proper performance of which the City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: • _ WATER, SANITARY AND STORM FOR CROWN OAKS ADDITION NOW, THEREFORE, if the Principal shall well, truly, and • faithfully cause to be performed and fulfilled all of the • • underLnkings, covenants, terms, conditions, and agreements of said Contract in accordance with the Plans, Speci£iratione, 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 _ ♦ and during the life of any guaranty required under the Contract, which is incorporated, as if written word for word herein, 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 be made including, without limitation, to remedy and pay for any defects in material and workmanship or damage to other work or facilities which shall appear within one year from the date of final completion, notice of which modifications to the surety being hereby waived; then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. AND, that said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract., or to the work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same shall in 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 to be performed thereunder. IN WITNESS WHEREOF, this instnlment is executed in t~`1.licate, each one of which shall be deemed an original, this the oV day of November 19 96 PRINCIPAL SURETY MURRAY CONSTRUCTION CO., INC. FIRST COMMUNITY INSURANCE COMPANY BY: OLIVER H. MURRA r PRESID ATTORNEY-IN-FACT PAULINE L. LESCH ATTEST i • SECRE -Y 4 NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT DATE OF POWER OF ATTORNEY C8RTIFICATION MUST NOT BE PRIOR TO DATE OF CONTRACTOR • BOND. ♦ • PACE 7140 TOTR!_ P.03 • I • IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 FAX #(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 documant. ,.4 i • r C b a Power of Attorney 31-01540 KNOW ALL MEN BY THESE PRESENTS: That First Community Insurance Company, a corporation created by and existing uncle the laws of the State of New York having is principal office in the City of Bedford, New York, does hefeby nominate, constitute and appoint: Pauline L. Lesch and/or Clem F. Lesch of the City at Lewisville Denton_ County, Slate of Texas each its trln and lawful, Attarney imFact. with lull power and autharity conlered upon him to sign, execute, acknowledge and deliver for and on its behalf as Suety as its act and deed, any bond, undertaking, consent or agreement, not exceeding _71so Million and XX/100 Dollars t$2,000,I[M.001 which this Company may he authorized to write. The First Community insurance Company further certifies that the following is a true and correct copy of Article VI, Section 4 of the By Laws duly adopted and now in force, to wit: SECTION 4, AUTHORIZED SIGNATURES, All deeds, bands, mortgages, contracts, and other instruments requiring a seal, and all indorsements, essignmenu, transfers, stock powers, bond powers or other instruments of transfer of securities standing In the name of the CofpmaUon, and all proxies to vote upon or consents with respect to shares of stock of other companies standing in the name of the Corporation may be signed of exp.uted by the Chairman of the Board or by the president or by any other officer authorized to sign such instrument by the Chairman of the Board or by the President Of by the Board of Directors. IN WITNESS WHEREOF, the First Community Insurance Company has caused these presents to be signed by its,Presdent and its Corporate Seal to be affixed by its Secretary this 9th day of _--SPTstPmher 19-94 ATTF FfRST CON LAITY SU „PANY .ir Kristin Delano, Secretary David K. a an, President This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolutisn;taper..:g Ilia null! of Directors of the First Community Insurance Company at its monthly meeting held in August 1994. RESOLVED, that the sigoaiutes of the Presfdem and the Secretary and the Seal of the Corporation may be affixed to any Power of Attorney or any certified copy thereof m any certification relating Iherelo, by facsimile and any Power of Attorney or any certified copy theteol, or any certification relating [hereto bearing such facsirmle signatures or facsimile seal shall be valid and binding upon the Corporation in the future with respect to any bonds, undertakings, recognizance or contracts of indemnity to which it is attached, STATE OF FLORIDA I I SS. COUNTY OF PINELLAS I BEFORE ME, the undersigned autharity, personally appeared DAVID K. MEEHAN and O. KRISTIN DELANO who acknowledged themselves b to be the President and Secretary of First Community Insurance Company , a Florida corporation, and they as such President and Secretary being auihmlted to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by themselves as President and Secretary, and that said secretary affixed thereto the seal of the corporation and attested to the execution of the foregoing instrument. IN WITNESS WHER Q'. ere unto set my ha~d ai~d QQ'~~~~ ~o 911 day of ~"temher _ 19g.4-- e >A 'OFFiOIIU lR/tt, d~ r C C J ThWW • My Commission Expires: , no, 41 Notary Public I, the undersigned, Secretary of First Community Insurance Company do hereby certify that the original Power of Attorney, of which -.0 the loregOng is a full, true and correct copy, is in full farce and effect. IN 't ITNESS WHEREOF, I have hereunto subscribed my name as Secretaf nd al' the corporate seal of the Corporation this _ day o ___NDyeII112 X._. 19,86 [SEA L} ~ 4 Kristin Delano, Secretary i _ i 1!1!p~225198 13 05 FAX 214 978 0651 AHH DALLAS TX X002/002 6 << 7 2 199 ~b\~Ni~' r iti :.7.ri.:;. .r7} i P ~ ~?~I"y. #7: : rI P,'Yi n~,r•Jr')'i )t 1,7 rR lWl l~5 N" Wfl/P T:, TIS1 OsRre4CA72 Is Ml11EO AS A YAT711111 OF e0OINIATIOR ONLY AND M0°U°81 cabom NO RifaIT1 uFOR TMs CER1e7CATe MUM THIS OERTMDATC Aon Risk services of Texas OOes ROT AWAY, efITUA OR AL"M THE COYSaRae ° fY TMB 2200 Rona Avenue, suite 1700 PoLxm$ Bul w. Dallas, Tx 75201 COMPANIES AFFORDING COVERAGE (214)978-6600 rax(219)976-6650 . 00'*~ A Eflaryland T+loyds 0 Maryland Casualty Coelpaay Lem Ila~lm hurray Construction Company L C Northern Insurance Co. Of NY OITA 515 No. Kaaly ;venue Lewisville, Texas 75057 woy D Karyland Insurance Company coMPINr E lencA t .371 , • MI! O tl+ia Is ro CERn1r nk T 7NE POLICIES CIES of ANSUMMCE u3TM iELAw NAVE KEN IssuEn TO TIxE uauam NAMED A90YE Fpl n+e POLICY PERM INDICATED NOTWITMSTA1401K ANY AsOJMMENT. TRW OA CONDITION OF ANY CON ACT 0" OTHER DOCUMITA WAIN IFSPECT TO N1xR)H" CL#[IFICATC MAY sE lSWM OR MAY PERTAIN. THE %%RAN06 AROROF.O BY THE POLICIES DOCRIRED Mb6R1 a SUL*CT TO ALL THE TEIW3, INCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMR1 SHOWN MAY HAVE MEN RlOUOE'0 V PAID CLAIMS. `1iliT I/PS1111E /OLaY e/EYYg11 Lm lnI YIFt OF wewMOe /s110Y RIReeI Yr6 V4m)W m (MY1p" 6m A;: amoma LWLm ; oAlew ABOFia1Tn 1 2 , O Q0 ,00 0 E.. Owiacm 0ex1Ar Imm EW 2"mm nioaiif~ X00. 1 1, 000,600 CLANSMAN X OOCIP 07/31/96 07/ 31/97'..w*0""~~~ 1,000,000 iAC4 001m a UONWRACTO" nar. , . . X 'Per. rowOM64MIMry"Am) 1 90,000 . .Proj . Agg rlO. LVSxRS IMr axr D►IW1 . 5,000 AV10100PI MAMRY LCa00W 11,61E 1 11000,000 ! g x AW W70 WAA !9311111 ALL O,xl[D Aura 07/31/96 07/31/97,8MLTK r I SCM10JAD AUM VW WWI IMIED AUTOS ~ 3 . "rAN QMLO .urns _ aAAAN LADUTY /IIOF91fY LrWAA(1/ 1 LARRY wax000aoe" 6. 5!,00010,00 C X 1FMCUAFCIIA usA11111111 07/31/96 07/31197~NtereO+TE 1.5,000,000 rnleA ' 0' TV ON40M 1reTROIY iNN3 ~uBe6lyeel~elrTell hmxrw 07/31/96 07/31/97; 5500,000 00,00 wrLOwRr IAISRIR mm: [API60%c tI 1 500,000 E/!9R/IAGIx OF OIgLAWKWATON&VOKLEM'rI M L OIIIIII project: zetates of rorestridye - Denton, Texan Certificate hold or is rea ised os Additional Insured for General and G wito 4011RAC to hi Olt x. vF„ . ,Y SMOIAD MY 011 THE ABOVE OESCi a POLIO S N CANCELLM seem THE f j TAPIMMN DATE YNMOF, THE 13WU4 COMPANY WILL ENDEAVOR TO S 0 MAIL ~.R DAYS WW" NO" TO THE CERFMATE MOLDER WNW TO THE City of Denton art LEFT, BUT FAIL ION TO MAIL SUCH W)TICE 91MLL MMOSE 40 OsUJATION OR n ADErm Dot TxEPIIlBEMATNES Attn I Znginesriny Departaent uAMUtY OF ANY roN0 UPON THE co a i;►YRgnOS / 221 N. 391A Denton Texas 76201 A•v.^ ~nr ~ioxy','.I,f, S .h,/? Ir x 1': per 7i.nr, M1'151~ hIMtiNT"ii 'Ado i • r Est.NosUnit Price Bid Schedule M-JRRAY CONSTRUCTION CO., INC. 515 NO. XEALY AVE. DATE sNovember 1, 1996 LEWISVILLE, TEXAS 75057 (972) 436-4566 FAXs (972) 219-0019 TO sD.R. Cameron & Assoc. 2300 Highland Village Engineer i Corwin Engineering Road Suite 460 Specs s City of Denton Highland Village, Tex. 75067 Desc. of Work + Water, Sanitary, & Sewer Attns Doyle Cameron Location s Crown Oaks Denton, Texas Job No. s CROWN (k5) ITEM UNIT DESCRIPTION QUANTITY UNIT PRICE TOTAL 1 8" SDR-35 PVC SANITARY 2695 l.f. 11.14 30,022.30 2 ADJUST MANHOLE RIM 6 ea. 295.00 1,770.00 3 4' DIAM. STD. MANHOLE 10 ea. 1099.00 10,990.00 4 4" SDR-35 PVC SERVICES 58 0a. 245.00 14,210.00 5 4" SERVICES TO EXISTING 17 ea. 355.00 6,035.00 6 TI2 TO STUB OUT/MH 3 ea. 350.00 1,050.00 7 TEST 2695 l.f. 1.60 4,312.00 1i 8 CONCRETE ENCASEMENT 35 l.f. 25.00 875.00 9 TRENCH SAFETY 2695 .l.f. 0.75 2,021.25 10 SUB-TOTAL SANITARY 1 $71,285.55 11 6" DR-18 PVC WATER M.r.IN 4364 l.f. 10.14 44,453.76 12 6 x 6 TS & TV 1 ea. 1463.00 1,463.00 ii 13 6" MJ GATE VALVE 14 ea. 343.00 4,802.00 14 6" MJ TEE 11 ea. 99.00 11089.00 15 FIRE HYDRANTS 6 ea. 1255.00 7,530.00 16 1" WATER SERVICE 75 ea. 295.00 32,125.00 17 CONNECT TO EXISTING WATER 2 as.. 350.00 700.00 18 TEST 4384 l.f. 0.25 11096.00 19 TRENCH SAFETY 4384 l.f. 0.25 1,096.00 20 SUB-TOTAL WATER 1 $84,354.76 21 36" CLASS III RCP 285 l.f. 46.34 13,206.90 22 30" CLASS III RCP 1215 l.f. 34.14 41,480.10 23 24" CLASS III RCP 430 l.f. 25.84 11,111.20 24 18" CLASS III RCP 635 l.f. 20.59 13,074.65 25 REMOVE RIP RAP 25 a.y. 5.00 125.00 26 REMOVE 30" HEADWALL 1 ea. 175.00 175.00 27 REMOVE 30" RCF 40 l.f. 5.00 200.00 • 28 11' X 6' JUNCTION BOX 2 ea. 3300.00 5,600.00 29 SAWCUT & REMOVE CONCRETE 67 s.y. 11.00 737.00 30 12" GlUiTE INLET 17 ea. 360.00 6,120.00 31 4' DIAM. b1ANHOLE 5 ea. 1250.00 6,250.00 32 WYE CONNECTIONS 7 ea. 250.00 1,750.00 33 WYE CONNECTIONS ELLS RCP 6 ea. 60.00 360.00 34 12' CURB INLET 2 aa. 2340.00 4,680.00 • 35 10' STD CURB INLET 4 aa. 2100.00 8,400.00 • A 36 8' STD CURB INLET 2 ea. 1860.00 3,720.00 37 6' STD CURB INLET 7 ea. 1680.00 11,760.00 38 20' STD CURB INLET 1 ea. 3240.00 3,240,00 39 24" ADS PIPE 170 l.f. 23.95 4,071.50 40 18" ADS PIPE 320 l.f. 19.52 6,246.40 41 12" ADS PIPE 325 l.f. 13.06 4,244.50 I 42 8" ADS PIPE 51 I.f. 1.2.67 43 WYE CONNECTIONS ADS 9 ea. 3,46.00 1,6644.64 74.00 44 WYE CONNECTIONS ADS ELLS 2 ea. 21.0.00 45 TRE4CH SAFETY 3586 l,f. 0.40 1,4420.00 34.40 --46----- SUB-TOTAL-STORM $151,725.29 _ 9VB-TOTAL, PLUS TWO YEAR 20% MAINTENANCE BOND, $307,365.60 PLUS PERFORMANCE AND PAYMENT BONDS IF REQUIRED, $950.00 TOTAL BID, $4,700.0 $313,015.660 NOTE El i A. Via will require thirty five (35) working days to substantial «omplation. Btnk will require tan (10) working days to final Completion. , l Oliver H. Murray 7~, • 1 • i i i 3 ~pppg00C0cGI;p00 ~p o D a ~ 00~ O~ o a o~~00yro H, t~ 00~~ I °~oaaaono k i 1 I 1 i! 1 i i f ~ • ~.c . 1m-~F~'y t. r. xk'.Ytj(y!r rh .kiE.7 7 }'fr.. ~ • AM0 2 DD7 PROJECT NO. CONTRACT NO. "f THE STATE OF TEXAS 9 p~,~g~MeNT CONTRACT COUNTY OF DENTON § Whereas, Hickory Creek, L,P, here-ifter referred to as "Owner," whose business address is 6300 Ridglea P1.sce, Suite 824 Fort kbrth, TX 76116 is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdictions and E 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"s and Whereas, as a condition to the beginning of construction of I said development, a development contract in accordance with Section 212.071 of the Local Government Code 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 j the City's specifications, standards and ordinances and [select applicable provision as follows] Whereas, the Owner elects to construct thc, improvements without contracting with another party as prime contractor, in PAGE 1 0 AAA02DD7 which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the Owner as named above, or ® Whereas, the owner elects to make such Improvements hereafter set forth by contracting with Jagoe-Public Company whose business address is P. 0. Aox 250 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 completicn and acceptance by the City, become public property, are properly constructed in accordance with the City's specifications and that payment is made therefor] WIVESSETH As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and incorporated by references, to be installed and constructed at Hickory Creek Heights , the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: 1. Covenants of_Qoitrpstor. Contractor agrees as follows: (a) $.pecificaijons, To construct and install the Improve- • a ments in accordance with the procedures,,,, specifications _and. standards contained in", Division II slid III of the ex's Slued PAGE 2 M AAA02DD7 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) 81dtk1Qr;ry of City Engineer, Inspections Taste and Orders Owner and Contractors Warranty. 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. (c) 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. The Owner, the Contractor and their surety on the per'ormance bond s'aall and do k.ereby warrant acid guarantee, for a period of one year from the date of final acceptance, all work as called for in the specifications and con- • • • tract documents to be free from defects in materials and workman- ship. Owner, contras"or and their surety, as the case may be, PAGE 3 e • AAA02DD7 shall remedy any such defects in materials and workmanship and pay for any da*nage to the work or to other work or facilities which shall appear within one year from the date of final acceptance by the City. (d) The City Engineer or his designee shall perform periodic inspections of the work and shall perform a final inspection prior to the work being turned over to the City and shall make the final { inspection 30 days prior to the expiration of one year from the I date of final completion and acceptance of the work by the City. The City Engineer shall immediately, after making the final inspection, send a written report indicating any defects in materials or workmanship to the owner, the Contractor, and their surety. 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 reque t or order of the City Engineer or his representative, the City Er,,,neer 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 Improve- ments. • • • (e) Insurancg, To provide for insurance in accordance with the insurance requirements applicable to contractors as provided I PAGE 4 t ~ i • i i 1 { 71M 02 DD7 r for in Item 1.26 of Division I of the Standard 5pgcifications for Public Works Construction North Central Te~c~~, as amended, the j provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, "Owner," as used therein, shall, mean the City of Denton, (f) 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 accordan^e with City specifications. (g) Bogks and Records._ All of the owner's and the contrac- tor's books and other records related to the project shall be available for inspection by the municipality. 2. Mutual Covenan of Owner and Contractor. owner and Contractor mutually agree as follows: (a) Performance Bonds/Escrow. Aareemran . That if building permits are to be issued for the development prior to completion I • and acceptance of all improvements that are to be dedicated to the public, tno following security requirements shall apply: (i) The Owner or Developer shall provide a performance bond in an amount not less than the amount neces- sary to complete the Improvements, as determined by • the City Engineer., which shall be submitted guaran- teeing 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 PAGE 5 i i 1 • I 1 AAA02DD7 business in the State of Texas in accordance with Chapter 2253 of the Texas Government Code. The owner and his contractor shall assign any and all rights in the bond to the City at the time the improvements are transferred to and accepted by the City as may be necessary to fully protect the City's interest in the improvements under the bond, (ii) If the cost of the improvements at the time build- inj permits are requested is an amount of $15,000 or less, as determined by the City Engineer, cash money in the full amount necessary to complete the improvements and to fully protect the City in the event that defects in materials and workmanship are discovered, as determined by the City Engineer, may be deposited with a bank or escrow agent pursuant to an escrow agreement ensuring completion of the improvements and to fully protect the City against defects in materials and workmanship. Without exception, the City's escrow agreement form shall be used and the escrow agreement shall remain in effect for one year from the date of final comple- tion and a,7ceptance o. the work by the Caty. (bl Retain age; Final Payments. (This provision (b) 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, including owners affidavit that all indebtedness hag been paid, that all indebtedness connected with the work and all sums of money due for labor, materials, apparatus, fixtures or machinery PAGE 6 a ~ t i i • 1 AAA02DD7 furnished for and used in the performance of the work have been paid or otherwise satisfied. (c) Encumbrances. The City Engineer shall require the Owner or Contractor or both to furnish a list of all contractors and subcontractors who performed labor on or persons supplying material for improvements and shall require a written release of all claims from any such person prior to acceptance of the improvements. That upon completion and approval or acceptance of the improvements of the City, the Improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the Improvements, or land dedicated to the City, to which they are affixed, the owner and Contractor shall upon notice by the City promptly cause such claim lien, charge or encumbrance to be satisfied and released or promptly post a bond with the City in the amount of such claim, lien, charge or encumbrance, in favor of the City, to ensure payment. of such claim, lien, charge or encumbrance. • (d) Indemnification. The Owner shall and hereby does 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 PAGE 7 A I i AAAO:.DDT i or subcontractors; or on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in 1 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. (e) Aare ment Con=o- lira. 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 III t'.,e Improvements. 3. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. 4. Venue and Govergina 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 con'.-act, shall be construed in accordance with the laws and court ::e of the State of Texas. • L-xccesenr and Ug iicrnp. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective f successors and assigns. PAGE 8 yam. . . , n 1 r.v~t,• , r AAA02DD7 Executed in triplicate thi,1, e~_p day ofA!'t 19-0. I OWNER HIC Y CREEK, L.P, CONTF2ACTOR BYi BY: awes R, Harris, President Bill Cheek, Jr,, Vice-wesidalt James R. Harris Company, Inc. rITY OF DENTON, TEXAS general partner J~ BY: CITY MANAGER ATTEST: JENNIFER WALTE::.;, CITY SECRETARY APPROVED AS TO LEGAL FORMS HERBERT L. PRCYrY, CITY ATTORNEY BY: I • i i PAGE 9 .«•r.w.~......:: rSll,y r.- 'q.'r „Y~~1~~2,,}be+i„{ i 1 ! S I t i i j J AAA046FD PROJECT NO, !ID ^2 CONTRACT NO. Bond No. 325235-96 PERFORMANCE BOND THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS; COUNTY OF DENTON § That Jagoe-'Public Company i of Denton County, Texas, hereinafter called Princinal and - s Seaboard Surety Company a Corporation organized under the laws of the State of New York acid 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 On h Mdred fnrty-f=_ ) thousand nine hundred eizhty-six dollars and no/100 (S 144,986.00 Dollars, lawful money of the United States, for the payment of which sum we1J and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, and finely by these presents: THE Condition of this obligation is such that: WHEREAS, the Principal entered into a certain contract with Cwner, dated 91~4_ the day of Ntot(AWe 19- OL4 in the proper performance of which the Cty of Denton, :axas, has an interest, a copy nf which is hereto attached and made a part hereof, for the ronstructi,- of: street improvements for Hickory Creek Heights _ 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 Plana, Spec if ication.s.,,,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 ~rA i~ • and during the life of any guaranty required under the Contract, which is incorporated, as if written word for word herein, and shall also well and trulv cause to be performed and fulfilled all the / covenants, terms and conditions and agreements of any and all i authorized modifications of said Contract that may hereafter be made I including, without limitation, to remedy and pay for any defects in material and workmanship or damage to other work or facilities which shall appear within one year from the date of final completion, 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 the work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such chance, extension of time, alteration or addition to the terms r: 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 ~tfA day of NalMtik✓ 19 a~ . PR I NCI PFJj SURETY ,ZA6'e )A 1/v V SEABOARD SURE'PY COMPANY BY: i s Z ( BY : p~ a '1 Q YAM? ATTORNEY-IN- ACT Rosemary Weaver ATTEST: SECRETARY r f NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED, DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT DATE OF POWER OF • ATTORNEY CERTIFICATION MUST NOT BE PRIOR TO DATE OF CONTRACTOR BOND, • PAGE TWO e m y t certmed, Copy SZ h B0ARD SVRM COIrpkXy 2R-3952 No. 11956 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN SY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the Slate of New York, hat made, constituted and appointed and by the" presents does make, constitute end appoint John R. Stockton or Possnary Weaver or L. Ray Pitts, Jr. or Beverly Hayes of Dallas, Texas its true and lawful A Itorney-in-Fa ct, to make, execult and deliver on Its l»t1Nf Insurance pokkips, surety bonds, undsprollskinflips send other Instruments of similar nature as follows: Without Limitations Such Insurance policies, surety bonds, undertakings and instruments for said purposes, when duty executed by the aforesaid Attorney- in- Fact, shall be binding upon the said Company as fully and to the same extent as it signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Altorney-in•Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 81h 1927 with Amendments to and including January 15, 1982 and are still in full force and effect: n.R" ic,L Vu SLCt10N 1 nMicNa, bonds, mognleingt, ellpulalfill consente of Surely, w,dannal lag YrIMflakkpa and ksslrumenls felearlg tOetNO. insurance ponce:. `^nd6. recogni,antes, lhpulahons. consents of surely and underwriting undertakings a the Company, and releases. agreemenisand other n ,.,-a ,,,role,-n r env : gar to r,rnn !n Irv r u,w r• los Ih(reunrli shah be signed now name and on behalf or the company I t-,i,.'i-,",.my,oirtnrl;:i,.It1.t;r,Y,,jrrd aVI,n Prrs,denlu,anrs~d,ntV,w PrvsWentandtylnrr Secretary. en ASSstanlseerela,Y aREsrder,t Secretary or a Resdew Asotlanl Secrulary, or (b) by An Allorney-m-feel for the Company appointed and suthonted by the Cholrma . 01 the Board, 1M Presdent or a Vice-Presrderr to mast such signalura, or (c) by Such other ofbcers or ropleSenlBllves as the Board may from tints to lime determine. I he seal of the Corn i y shall if appropriate be alined thnet0 by any such officer. Attorney-In-fact or repressfNalne " IN WITNESS WHEREOF, 5LABOARD 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 Secretarles, this .,..Z8101 . day of January 1994 u y„/r,r Attest: SEA RO URETY COMPANY, 1927 y ! • o.` l B for slw'.~, ($081) y V COUNTY OF SOMERSET On this SO JERSEY ss STATE OF NEW day o} ..,,,xTdi►vA2y.... . . 19..94_.., before me personally appeared i Mirha9l..H....Xeegan a Vice-President of SEABOARD SURETY COMPANY, r with whom I am personally acquainted, who, being by me duly sworn, said that he resides In the State of New.. Jersey...... t j that he is a Vice-president of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing I instrument, that he knows Ihecorporate seal of Ibesaid Company; that life seal affixed to said instrument issuch corporate seal; f [hat it was so affixed byordar of IN) Boardof Directorsof said Company; andthal hesigned his name thereto as Vice-President of srnldGompanbyikeautho,ity NOTA1,11,NIUCOfNEWJERSEY My P .P.L.,.. of a (Seal) A{ CorAweaExpires t, 0,199E N ly Pill elIc C E R T I F I C A T E (It LiGhtuned Assistant Secrolery of SEABOARD SURET Y COMPANY do hereby cartily lhat Ina crlglr,al Power of Attorney of which the foregoing is a lull, true and cop rec t copy, is in lull force and effect on the date of this Cad if kale and I do further certify that the Vice- President who executed the Said Powerof Allorney was one of the Officers authorlted by the Bond of Direelors to appoint an ellorney-inflect as provided in Arlici VII, Sadion 1, of the By-Leon of SEABDARD SUHEIY COMPANY rhos Ceoibcate maybe signed Intl sealed by Iscalmits under end by authority of IM following resolution of the E Aeoutiye Gmlmlhee of the Board of orrec tors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 2510 day of Mardb 1010. 'RESOLVED (2t that the use of a printed lace lm its of the corporate seal of its Company and of the signature of an Assfil Wonslary on any . nrl,Grahnr•. ni low rorrncineks of a ropy nl an mshumenl eyodlled by line President or a Vice-Piesiden: pursuant 10 Article Vn. Stictiun t, 01 the By-LRws nn" i7-(j „ nth I ~.1 ,11 , Sign,„ the anme and on behall VI the ComPAnv Sllrery bonus uride+wr,png undnrlakmgs or Other ,C• r 1 , S;wl A0, h VII wC.l, n I Wrth irk, 'flea as,I such soai Arid sun. signalure had been manually altued and reade hereby i9 S au0101 tau SS d epprnved WHEREOF I h ve hereunto set m ha . the corporate seal of the Company to these presents this IN WITNES ..,hand and nd _ affixed ''day y of E1 n'1f9 . Asausanf Sei7 rotary form t6r (Her 7yae1 i 9 y r...f to n !h ^ li ty f brl; 11,,,(11 of ANIAfi,y y,o r ,uyrnll coptx:I, flue (ilea 35n. (7 lud 69%f0l 11'10 PPIAW or Allomo~ LI,fY Plonk, w1hr In ton Povw i,I r, , r . , r ll I' L" 11 , ro-" ul i,,d if] A l lhidplj Will (lulu ki Ill Ill,, II'll() IV vedch Un l.:nvor Is op,a,i°ld. 61 New Ydrk,l)I1121. GT• w113 y~ r Amp i f' 1 Sf `a'i".DR s: r „ •:p . f. ~~~tt~i~t a 7!~ TIED^~ sO 01 SURANCI'fj IpUl aiE Ow~oa"M 7I P o ~ re,: a i ~ Sr7Y ° a ~ I % , rr k 16PS1lN rirooucrn THIS CERTRCAYN IS WUED AS A MATTER Of WORMAYRMI ONLY AND CONFERS NO MONTE UPON THE C111171 I HOLDER. THIS CBRTIMAM DOES IIOT AMEND, EXTEND OR ALTER THE COVMAOE APTORDED BY THE RAMEY L RING INSURANCE POLICIE>f, BELOW, Ism & WBB, Si A COMPANIES AFFORDING COVERAGE Dorton TX 702*7121 Lceolmwm'y A TDI ToWEIMB YLMxuml COWAW B INSURED Ulm COMPANY c jagoo. A Ic CoMIn Bill Ch"k P a Sox 200 OarATV D Donlon ETC T6262 LETTM "w"' E LVM THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE SEEN ISSUED TO ME INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTW IIASTMOINO ANY FMOLIMEMENT, TERM CIA CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI3 CERTIFICATE MAY BE ISSVEO OR MAY PCRTAN, THE INSURANCE AFFORDED MY THE POUCPS DESCRIBED HEREIN IS LkURJF07 TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LJA TO SHOWN MAY HAVE BEEN REOI,CEO BY PAD CLAIMS W TYPo Or NSURAMCE FOLIOS' NUAlD1 POLICY ~ M POLICY v~TION LritE ,R DATT MY) DATE(IM.LLSOMT A O&SRAL LMBT.m YLSCPU K/SF1..... N 10AT1AT L DOD AOOPEOATE 1 . tpppDee AOO I X ` COWERCUL MIr.LAL LUBAm ma CAW,, MADE W Wy',. I „1000000....,. ONNEBS E CONIRACTO" PROD. FALN OCOLaWW#M 1 1000000 FEE I M AOF (MM oM M) . 50000 MED. tw w Ii Iw ww)11.. 1000 A NJTOM 1BUL LMILRY > CA►342ZKI3114 lomi I 1601W ` D NNOLr / 1000060 Ali X ANY AUTO i ALL /WIRED WIOI baY km 'Il SCNEOV.EO AUTOS PM Iww) X ? xEEa AuroB M.o u qrr is % NON,001 ED AUTOS ' _.i GAAAaE lMBlm'I PROPERTY OAMAOE / A EXN:EN LIVA.MY Y011CUP3420374....... 10101!11 10101!/7 , EACH OCCINENCZ :1 1000000 AGGREGATE I 1000000 X UMBRELLA FORM . OtM THAN UMBIEllA I" ' V10MD1"S COMPENSATION STATUTORY Lom A AND YEEU33I2K43M toloia 10/0111117 EACHACCIDENT 'I .__..1000000 DISEASE • Pi EMIT i,1 4666600 IMPLOrwr LIA LrrY . OISENdiE . EACH 9ILOYB 1 _.......400 . 0000 OTHER OEICRVTICN OF ORMTIONSADDATION VIHICLENPECm mw k , " xY e 9 x c~ 3~^9.:r:?^'¢2a n~,d .5,,.M2' • gRRT1/IC~T#'NbLb1tN, r. ,,.•:m. ~ a y.~iL{,.Sro•H,.a34M~...e, r,,ri: ^ SHOULD ANY OF 111E ABOVE OESCRNED POLICIES BE CANCELLED BEFORE THE i t EXPLRATKXN DATE THEREOF, THE ISSUPNG COMPANY WILL ENDEAVOR TO 4 NATIONWIDE MOBILE HOMES MAL 10. DAYS WRITTEN HTtlCE TO THE CERTIFICATE HOLDER NAMED TO THE #03 S. 133E LEFT, BUT FALURE TO MAIL SUCH NOTICE 9 IMPOSE NO OW"TION OR QENi'ON T7( 7120500 UABILI ANY KIND UPON THE COMP , ITS AGENTS OR NEPRESENTAMU, U0,00 OA**m COAD 09 1[ q , V s: A .,,....,aan.eq ompoommo Poo S 3. BID PROPOSAL FORM I, ! PROJECT: Hichwy Creek Heights Denton, Texas Part A: Earthwork and Lot Grading Part B: Water, Sani(ary Sewer and Storm Drainage Part C: Pavement PLACE: 6300 Ridglea Place, Suite • Port Worth, Texas 76116 c ~ DATE: October 11, 1996 TIME: 2:00 p. m. TO: James R. Harris Company, Inc. 6300 Ridglea Place, Suite 824 Fort Worth, Texas 76116 The undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents, the site of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do n1l the work, furnish all labor, equipment and material which is necessary to fully complete the work as provided in the Plans and Contract Documents and subject to the Inspection and approval of the City of Denton, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, If any, as may be required by the Contract Documents for the performing and completing of (he said work. Contractor proposes (o do Ilro work within the time stated and for the following sums: PROPOSAL A; EARTHWORK AND LOT GRADING ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (furnish and install, including all appurtenant work, complete In place, the following Items) 1, lump Sum Demolition, Clearing and Grubbing; Per Lump Sum: • dollars , and Cents S- S. 2. 65,000 C.Y. Unclassified Excavation Including Excavation, i Backfll I, and Compaction; Per Cubic Yard: _-__-Dollars and _ __.--_-Cents $ BFP•; • i I 1 i I { 3. BID PROPOSAL FORM (Cont.) PROPOSAL A: EARTHWORK AND LOT GRADING 1 ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT 3. 94 EA. Lot Grading; Per Each: ' _Llollars and-__-Cents 4. LUMP SUM Erosion Control, including Installation, Maintenance and Removal; Per Lump Sum: -Uollara 1 and Ccnls S S 5, 6,200 S.F. Retaining Wall, including Design, Installation and Backllll; per Square Foot of wall face. Dollars and..- --Cents S.r__ S. TOTAL PROPOSAL A; S r : i RFP•2 I i • '1,1~+s !V't/~ .'ii ~ w ,.ujYir~~~t~~!t5';il~!}~Ph'RGvf6V71i'~6tj,~r 3~'e'NI~I~i~, Ir1 r',';I C~\ 4~? s • 3. BID PROPOSAL FORM (Cont.) PROPOSAL B: WATER, SANITARY SEWER AND STORM DRAINAGE ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRMEN IN WORDS PRICE AMOUNT (Furnish and Install, including all appurtenant work, complete in place, the following items) 6. 1,010 L.F. 6-Inch PVC Water Pipe (SDR-18); Per Linear Fool: ----u--~)ollars _ and-. -_----Cents $ 7. 2,200 L.F. 8-Inch PVC Water Pipe (SDR-18); Per Linear Foot: J>allam S _ S and_-_-- ---rents 8. 7 EA. 6-Inch Oate Valve w/ Cast Iron Box and Lid; Per Each: ___-Dollars S - and,--- __--Cents 9. 1 EA. 8-Inch Gate Valve w/ Cast Iron Box and Lid; Per Each: Dollars arid---_ Cents 10- G EA. Standard Fire Hydrant, T-6' Bury Depth; Per Each: Dollars and^.____ Ccros S S I L 94 EA. I" Water Service and Melcr [lox; Per Each: • __-Rollers • • ard-- -Cents S_ I BFP-3 { • 3. BID PROPOSAL FORM (Cont.) PROPOSAL B: WATER, SANITARY SEWER AND STORM DRAINAGE ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY HID PRICES WRITTEN IN WORDS PRICE AMOUNT 12. 25 SY. H.M.A.C. Pavement Replacement; Per Square Yard, _ Dollars I and - Ccnls S.- Sr- SUBTOTAL PROPOSAL B (WATER) i • BFP•4 w A • j 17 113 3. BID PROPOSAL FORM (Cunt,) 1 PROPOSAL B: WATER, SANITARY SEWER AND STORM DRAINAGE ITEM APPROX, DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT 19. 098 L.F. 8-Inch PVC Sewer Pipe, (D'-8' depth); Per Linear Fool: --_Aof lays 14. 1,482 L.F, 8-Inch PVC Sower Pipe, (8'-14' dcplh); Per Linear Foot: F and-,--__-Cents S S 15. 10 EA Standard 4-Foot Diameter Manhole to 6 Feel Depth; Per Each: Dollars and. Ccnis S - S - 16. 24 VL,F Additional Depth Over 6 Foot of Standard 41'act Diameter Manhole; Per Vertical Linear Foot: _Dollars and- Cents S S_ f 17. 94 EX 4-Inch PVC Sanitary Sewer Service; Per Each: -.Dollars and Cents 18. 20 L.F. Concrete Encasement; Per Linear Foot: ----.Dollars • and_________ Cents S__-_._ S-~. ~ • • SUBTOTAL PROPOSAL E (SEWER) BFP•5 • 3. BID PROPOSAL FORM (Cont.) PROPOSAL B: WATER, SANITARY SEWER AND STORM DRAINAGE ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE - AMOUNT 19. 3 EA. Standard S' Stonn Drain Inlet Per Each: Dollars and __Cents 20. 3 EA. Standard Y X S' Yard lnlet Per Each: t - ----Dollars and __-Cents S~~ S i 21. 219 L.F. 18" RCP including Excavation, Bedding and Backfill; Per Linear Foot: -Dollars and ---Cents S~- 22. 125 L.F. 24" RCP including Excavation, Bedding and Backflll; Per Linear Pool, --Dollars and_--_ -.-Cents S S _ 23. 584 EA, 48" RCP Inclue4Jng Excavation, Bedding and Backiil% Per Linear Foot: __~__._~_DOIIAI9 • and__--__.._Cents 24. 3,864 L.F. Trench Safely; Per Linear Foot: s ; _ --.Dollars 13"-6 __r...,. _.._.;Vra~i.e.. ...r ' ! f r.l~ 1 IId 1 ( 'Yib ,ler':'1 rl St:i~Yt E," • 3. BID PROPOSAL FORM (Cont.) PROPOSAL B: WATER, SANITARY SEWER AND STORM DRAINAGE ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO, QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT 23. 2 EA. 18"- 3:I Safety End Treatment; Per Each: i _ Dollars and-- -Cents S _ S 26. 1 EA. 24" - 3:1 Safety End Treatment; Per Each: -WI[ars and- Ccnts S S i 27, 1 EA, 48'.3:1 Safety End Treatment; Per Each: -Dollars 28. 175 C.Y. Type A Grouted Rock Rip-Rap; Per Cubic You& -hollers and-_- --Cents S, S 29. LUMP SUM Inlet Protection, Including Installation, Malmenance and Removal; Per Lump Sum: ~..-~011ar6 j SUBTOTAL PROPOSAL B (STORM) S_ I SUBTOTAL PROPOSAL B (WATER) S • SUBTOTAL PROPOSAL B (SEWER) S • TOTAL PROPOSAL 8 S t BFP-7 ` y 3, BID PROPOSAL, FORM (Cont.) PROPOSAL C. PAVEMENT ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTTT'Y BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in pla(x, the following Items) 30. 9,270 S.Y. 5" H.M.A.C. Pavement Including Base Coarse, Finish Coarse, Prime Coat and Tack Coat; Per Square Yard; ~y~-----moll ars and iahtvluuL_~_-Cents S,-7.83 S_ 7167&aR 31. 11,360 S Y, 6" Lime Stabilized Subgrade; Per Square Yard: Dollars and---Tucnty_auL -Cents 1.24 S_ 14.096-40 32, 170.4 Ton Lime; Perl'on: and-_- no - -.Cents S 82.00 S 1].97 33. 6,250 L,F 6" Concrete Curb and Gutter; Per Linear Foot: Ce.,en .--.Dollars and-- uo -_-Cents S~..-ADO S 41,750- 34. 1 En, Valley Gutter; Per Each: Flve hundred -Dollars f and-__-no-__--Cents $__.-_5w.00 S- 50000 TOTAL PROPOSAL Ct S 144,986.00 BFP-8 M f 3. BID PROPOSAL FORM (Cont.) All other items required by the plans to complete tl,e project but not specifically listed in the proposal above shall be considered subsidiary and shall b-: included in the unit prices in the proposal. Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The Bidder agrees to begin construction within Lentil!) calendar days after issue of the work order, and to complete the contract within the calendar days below afier beginning construction as set forth in the written work order to be furnished by the Owner. 'rho undersigned agrees to complete the work as follows: A. To complete Proposal A: Earthwork and Lot Grading including anticipated delay days due to inclement weather or muddy ground conditions in p(a----calendar days. B. To complete Proposal B: Waler, Sanitary Sewer and Storm Drainage including manhole, Inlet and valve adjustments and anticipated delay days due to inclement weather or muddy ground coadidons in calendar days. C. To complete Proposal C: Pavement including anticipated delays due to inclement weather or muddy ground conditions in _35calendar drys. Enclosed is a Certified Chock or Bidding Bond in the amount of S.S%nLtha greatest anu,ant bid:Ju compliance with the specification requirement (5%of highest amount bid). The above check or bond is to become the property of the owner In the event the cop •truction contract (when offered by the (honer) and the bonds and proof of insurance coverage are not executed with the time set forth above,. I (we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. I (Initials) Addendum No. 3 (initials)- Addendum No, 2 (initials)--„ Addendum No. 4 (initials) Rrspcclfully submitted, Iatit~' thllc Title: _ Vice-Presidenl - Address: _p n x 0 ~_=_-12rat0n.T~ZG2fl2 Telephone:_._(812)-i82:258L.__`-_____ (Seal) )11) 1 Date:__ BFP•9 • • 0 00 O ~y o00U O~ tiQ U 0 0000 tiro M <d °°OrY °00oanaaaa~on~° L 1 I j ' 1 I j 1 ~ I o . ~ 1, Jr !r-+ l Ili{z~ V! 1 "~'j'il V ~ r~f~. i J~ s AAA02DD7 PRUJRCT NO. V)3 CONTRACT NO, THE STATE OF TEXAS 5 DEVELOPMENT CONTRACT COUNTY OF' DENTON 5 Whereas, Hickory Creek, L. P, hereafter referred to as "Owner," whose business address is 6300 Ridglea Place, Suite 824 Fort I+brth, TX 76116 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 in accordance with Section 212.071 of the Local Government Code 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 wi::hout contracting with another party as prime contractor, in PAGE 1 r r r' • • AAA02DD7 r which case the provisions of this contract which refer to "Owner" or "Contractor" shall mean the Owner as named above; or ® Whereas, the owner elects to make such Improvements hereafter set forth by contracting with Inrry H. Jackson Construction, Inc. whose business address is 511.2 Sun Valley Drive Fort 1~brth, TX 76119 hereafter referred to as "Contractor"; anc 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 Cit-, 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 and incorporated by specified in Exhibit A, attached hereto a l = reference, to be installed and constructed at Hickory 2 eek Heights the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: 1. Qovenants of Contrc,tor. Contractor agrees as follows: (a) ~ecifi ataone. To construct and inc'•.all the Improve- • • ments in accordance with the procedures,,. specifications. and standards contained in Division II and III of theICity's Standard I PAGE 2 1 • w AAA02DDI j 1 1 Specifications f!2r Public Works Construction, North Central Texaa, 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 i Orders Owner g-nd Contractors Warranty, 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 f quality and acceptability of materials furnished, work performed, and the interpretation of specifications. (c) 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. The Owner, the Contractor and their surety on the performance bond shall and do hereby warrant and guarantee, for a period of one year from the date of final • acceptance, all work as called for in the specifications and con- tract, documents to be free from defects in materials and viorkman- ship. Ovmer, contractor and their surety, as the case may be, E i PAGE 3 i • AAA02DD7 shall remedy any such defects in materials and workmanship and pay for any damage to the work cr to other work or facilities which shall appear within one year from the date of final acceptance by the City. (d) The City Engineer or his designee shall perform periodic i inspections of the work and shal). perform a final inspection prior to the work being turned ove. to the City and shall make the final inspection 30 days prior to the expiration of one year from the f date of final completion and acceptance of the work by the City. The City Engineer shall immediately, after making the final inspection, send a written report indicating any defects in materials or workmanship to the Owner, the Contractor, and their surety. 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 obl'gation under this agreement to approve or accept the Improve- ments, (e) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractor; as provided -r PAGE 4 I AAAO2DD7 for in item 1.26 of Division I of the Standard SDegificati ns Eor 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, (f} 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. (g) Books and Records. All of the Owner's and the Contrac- tor's books and other records related to the project shall be available for inspection by the municipality, 2, L~~41,r~L Covenants o£ Owner and Contracta~. Owner and Contractor mutually agree as follows: (a) PPerformarice Bonds/Escrow Acrreeme=. 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: (i) Thr, Owner or Developer shall provide a performance bond in an amount not less than the amount neces- sary to complete the Improvements, as determined by the City Engineer, which shall be submitted guaran- teeing 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 FADE 5 e AAAO2no7 business in the State of Texas in accordance with Chapter 2253 of the Texas Government Code. The owner and his Contractor shall assign any and all rights in the bond to the City at the time the improvements are transferred to and accepted by the City as may be necessary to fully protect the City's interest in the improvements under the bond. (ii) If the cost of the improvements at the time build- ing permits are requester is an amount of $15,000 or less, as determined by .he City Engineer, cash money in the full amount necessary to complete the improvements and to fully protect the City in the event that defects in materials and workmanship are discovered, as determined by the City Engineer, may be deposited with a bank or escrow agent pursuant to an escrow agreement ensuring completion of the improvements and to fully protect the City against defects in materials and workmanship, without exception, the City's escrow agreement form shall be used and the escrow agreement shall remain in effect for one year from the date of final comple- tior and acceptance of the work by the City. (b) Retainage; Final Pavments. (This provision (b) 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 ratain 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 e shall thereafter pay the Contractor the retainage, only after I 1 Contractor has furnished to the owner satisfactory evidence, { including owners affidavit that all indebtedness has been paid, that all indebtedness connected with the work and all sums of money e • due for labor, materials, apparatus, fixtures or machinery PAGE 6 i I i • I Ii i I 1 i AAA02DD7 furnished for and used in the performance of the work have been paid or otherwise satisfied. (c) Encumbrances. The City Engineer shall require the Owner I or Contractor or both to furn:.sh a list of all contractors and subcontractors who performed labor on or persons supplying material for improvements and shall require a written release of all claims from any such person prior to acceptance of the improvements. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the Improvements, or land dedicated to the City, to which they are affixed, the owner and Contractor shall upon notice by the City promptly cause such claim lien, charge or encumbrance to be satisfied and released or promptly post a bond with the City in the amount of such claim, lien, charge or enci:mbrance, in favor of the City, to ensure payment of such claim, lien, charge or encumbrance. • (d) Indemnification. The owner shall and hereby does indemnify, defend and save harmless, the City, its officere, agents and employees from all suite, actions or claims of any character, name and description brought for or on account of any injuries or • • • damaged received as sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees i PAGE 7 j 1 f 1 1 J1J 3 J~J 1 i 1 1 1 I( f~ i~ AAA02DD7 1 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. (e) agreement Controlling. That the provision of this- agreement shall control over any conflicting provision of any contract between the owner anti contractor as to the construction of the Improvements. 3. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. 4. Venue and Governing Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court decisions of the State of Texas. 5. Successor and Aseians. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. w 0 . PAGE 8 i s . • AAAOSDD7 Executed in triplicate this, day of Wt4' 1910 OWNER CONTRACTOR BY: BY: J R. MAIMMS TARRY H. J , PRESIrkm CITY OF DENTON, TEXAS BY: CITY MANAGER ATTEST: IF R TERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: a PAGE 9 r • CEA'i 1P1CA*tE 0E ~ 1N9UA'A~ IS DE DAT!(MNJDO/VY) , ac//1sn. 0 10/29/96 PnoOUCEX THIS CERTIFICATE. IS ISSUED AS A MATTER OF INFORMATION ONLY AND C08LE-CRAVENS INSVRANCI AGENCY, INC. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND. MEND OR ALTER THE COVERAGE AFFORDED BY THE 2D2 S. 80R0IR, SUITS 201 POLICIES BELOW. _ P. O. BOX 499 COMPANIES AFFORDING COVERAGE ARLINGTON, TX 76009 LE" A TRAVELERS LLOYDS INS CO flnunEO - - "ETTER ' B TRAVELERS INDEIINiTY CO OF AXXR Larry R. Jaokeon Conetruotion Co. COMPANY C TRAVELERS LLOYDS INS CO 5112 Sun Valley Drive LETTER.... Fort North, TX 76119 COMCAJJI' D TRAVELERS INDEENITY CO ETTER COMPANY E LETTER 777777777777777 oavaoeg THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 0 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONO7TIOSS OF SUCH POLICIES.. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFF1CTIYE POUOY F%PIMTKNV LIMITS LTR DATE (MMMOXY) DATE (~D/YY) A GENERAL UABIUtt GENE 2A GOREOATE A 2,000,000 X WMMERCIAL GENERAL UAOIUTY PLSCP724KS14496 10/01/96 10/01/97 PRODUCTS COMProPAGG t 2-,000,000 _ JCINM.9 MAF, X-] OCCUR PERSONAL A ACV INJURY 3 1,000,000 OWNER B A CONTRACTOR '9 PROT. FACH_CC_UJRRENCE 1 1,000,000 ff X PR2AfI8E9 OPERATZO_ FIRFDAMAGEUlnyo Are) 6 50,000 f 1 MED. FXPENSE(An one 6 5, 000 B -AUTOMOBILE UABllITY OYANNF.D SINGLE l 1,000,000 X ANYAUTO FUCAP724KS19696 10/01/96 10/01/97 LIMIT LL ALI. OWNED AUTOS BOOLY 6JURY 6 SCHEDULED AUTOS IRK Pe ) X HIREDAUTOS BOOILY INJURY _ i X N(NIASYNED AUTOS {PM AOCkNnU OARAOE LIABILITY PROPERTY DAMAGE 6 C EXCESS LIABILITY EACHOCCINBTENCE 6_..._3, 0 0 UMBRELLAFORM PSMC'UP724R91F6TCT96 10/01/96 10/01/97 AO(TREGATE __3f000iaa0 X OTHER THAN UMBRELLA FORM D BTATUTCRY I Y.N79 WORKER'S COMPENSATION PKUB724KB10996 10101196 10/01/97 EACHACCIDENT 500,000 AND OBEADERCUCYUMIT t 500,000 EMPLOYEBA'LIASILItt MLASF-f" EMPLOYEE 6 500,000 OTHER i OESCPOPTION OF OPERATIONDA OCAVONSMNIC LESMPECIAL ITEMS CERTIFICATE HOLDER ZS ADDED AS ADDITIONAL INSURED { JOB DISCRIPTI(j0i HICKORY CRIER REIORTS-DENTON, TEXAS CWX PROJECT 96010 CANCf~[tAfFbN ^ ~ • • • a~f171 ~ICArs HOW ER SHOULD ANY OF THE ABOVE DESCRIBFD POLICIES BE CANCELLED BEFORE THE i'. EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF DENTON MAIL-30 -GAYS WRITTEN NOTICE TO THE CEATTFICATE HOLDER NAMEOTO THE 215 E RCKINNIY ! LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR I DENTON, TX 76201 LIABILITY OF ANY KIND UPON TH MPANY, ITS A3ENT EPR NTATNES. AUTHONJEO REPRESENTATWE I , A4Aiip617yW0 C ' # • I I i 3. BID PROPOSAL FORM ii I i ! PROJECT: Hickory Creek Heights Denton, Texas Part A: Earthwork and Lot Grading Part B: Water, Sanitary Sewer and Storm Drainage Part C: Pavement PLACE: 6300 Ridglea Place, Suite - Fort Worth, Texas 76116 i I DATE: October 11, 1996 I TIME: 2:00 P.M. TO: James R. Harris Company, hic. 6300 Rldglca Place, Suite 824 Fort Worth, Texas 76116 The undersigned Bidder, having Thoroughly examined the Contract Documents, including plans, special contract documents, the site of the project and understanding the amount of work to be done, id the prevailing conditions, hereby propose to do all the work, furnish all labor, equipment and material which is necessary to fully complete J1 the work as provided in the Plans and Conlmct Documents and subject to the inspection and approval of the City of Denton, Texas; and binJs himself upon ncecptance of this Proposal to execute a contract and famish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by 'he Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the lime stated and for the following sums:. PROPOSAL As EARTHWORK AND LOT GRADING I'i'EM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO., -QUANTITY - BID PRICCS %VRI ITEN IN WORDS PRICE AMOUNT (Furnish and install, including all appartenant work, complete In place, the following items) 1. Lump Sum Demolition, Clearing and Grubbing; Per Lump Sum: • _.~Dollars and -.---Cents 2, 63,000 C.Y. Unclassified Excavation including Excavation, Backfiil, and Compaction; • Per Cubic Yard: - ~ • _-_.-Dot Inca and ---Cents BPP-I I • e 3, BED PROPOSAL FORM (Coat.) PROPOSAL A: L+ARTHWORK AND LOT GRADING ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT 3. 94 EA, Lot Grading; Per Each! Dollars and._.__ - Cents 4. LUMP SUM Erosion Control, Including Installation, Maintenance and Removal; Per Lump Sum; -____Dollars I and- --Cents 5------- S.- 3, 6,200 S.Y. Retaining Wall, including Design, lustallad,m and Backfill, per Square Yoot of wall face. ------Dollars and_ Cents S S TOTAL PROPOSAL A: e 3 BYP.7 I ,M,~ T11I • 3. BID PROPOSAL FORM (Coot.) PROPOSAL B: WATER, SANITARY SEWER AND STORM DRAINAGE ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT l (Furnish and install, including all appurtenant work, complete in place, the following items) 6. 1,010 L.F. 6-Inch PVC Water Pipe (SDR-18); Per Linear Fool Fifteen _--J)ollars and__-'ifty_ Cents S_ 15.50 S 15.65 100 7. 2,200 1, F. 8-inch PVC Water Pipe (SDR-18); Per Linear Fool: Smcntcen ___~ollats and`.__ap__-______Ccnls 17.00 $77,400.00 8. 7 EA. 6-Inch Gale Valve w/ Cast Iron Box and Lid; Per Each: Three hundred seventy-fiiL_Dollars andA.__rio_ --Cents $ 775.00 S_.2-625-00 9. 1 EA. 8-Inch Gate Valve w/ Cast Iron Box and Lid. Per Each: Four hundrrd seven(y;nvC Dollars and ho----Cents 425.00 475, 10. 6 EA. Standard Fire Hydrant, 3'-6" • Bury Depth; Per Each: _______-Q=_Ihn_uwrut Dollars amL_ no Cents S___1.000.00 6,00,(4 Y it. 94 EA. V Water Service and Meter Box, Per Each: `__Twobundml (l) -..--Dollars and__ _ _ Cents S_~SA 94 S 3 500 0 BFP-3 • 1 i i I 1 3, BID PROPOSAL FORM (Cont.) PROPOSAL M. WATER, SANITARY SEWER AND STORM DRAINAGE ITEM APPROX. D) SCRWnON OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT 12. 25 SY. H.M.A.C, Pavement Replacement; Per Square Yard; Thirty --.Dollard j and__ no .--Cents S--3[104 $ 7M-M i SUBTOTAL PROPOSAL B (WATER) S Sd.40itl0 f i I t • i 3 `J! 4 i BPF 4 ....__._,,.._...,_~~..r........,. r ~ _ ~~,~"sir y p40 a S 1 tics . V s t .fu$;~IffY • 3. BID PROPOSAL FORM (Coat) PROPOSAL B; WATER, SANITARY SEWER AND STORM DRAINAGE ITEM APPROX, DESCRIPTION OF 1TEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT 13. 1,798 L.F. 8-Inch PVC Sewer Pipe, (01-8' depth); Per Linear Foot: I SilacBa____1)ollars I and Fifty ---Cents I& Q S 29.667-(x1 I 14. 1,482 L.F. 8-Inch PVC Sewer Pipe, (8'-14' depth); Per Linear Foot: Eighteen -Dollars I $-_Y M S-24 676-()0 I5, 10 EA Standard 4-Foot Diameter Manhole to 6 Feet Depth; Per Each: Twelve fi$r Dollars and____n0__ Ccvls S. 1.251Q0 $ J1JD0-00 16. 24 V.L,R Additional Depth Over 6 Foot of Standard 4 Fool Diameter Manhole; Per Vertical Linear Fool One hnndredjUy_______ -Dollars and- no ----Cents S 150.00 $ 3,600.011 17. 9,117A, 4-Inch PVC Sanitary Sewer Service, Per track: _(ate hund_ red seventy-five Dollars • and-- no _--.Cents $ 175.00, $ 16„450 DO 18. 20 L. F. Concrete Encasemenl; Per Linear Fool: Foray-five --Dollars i • mid-- no Cents 4100 S_ 900.00 i • SUBTOTAL PROPOSAL B (SEWER) $ R%793-06 BFP•S s • 3. BID PROPOSAL FORM (Cunt.) PROPOSAL B: WATER, SANITARY SEWER AND STORM DRAINAGE ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT 19. 3 EA. Standard 5' Storm Drain lnlol; - - Per Each: ---Fifteen hundred _.Dollars and ----Cents $ I,500.00 S_ 4-500 00 20. 3 EA. Standard Y X 5' Yard inlet; { Per Each: Thirty-fiyghjjndic _____J)oliars and no _~Cents $-__3.540.44 $ >n 500.00 21. 219 L. F. l8" RCP including Excavation, Bedding and Backfill; Per Linear Fool: _TI1itipma )olJais arid-.-sw_---------Cents S 11.09 5-528244 22. 125 L.F. 24" RCP Including Excavation, Belding and Backfill; Per Linear Fool: _~.1Liriy:Dve .____J3otlars and----__nn-- -Cents S_--- 3404 4315.00 21 584 EA. 48" RCP including Excavalion, Bedding and Backfill; Per Linear Foot: _____~c1:c1t1y1'ivt<----.-J3ollars • and---- Da-_-_-_-Cents S-_._74 00 S 43.800.00 24, 3,864 L,F. 'french Safety; Per Linear Foot: and.___ no ••----Genre S~__L40 S 3,864.00 BFPO, Sim • L I 3. BID PROPOSAL FORM (Coot.) PROPOSAL B: WATER, SANITARY SEWER AND STORM DRAINAGE ITEM APPROX. DESCRIPTION OF ITEMSWITH UNIT' TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT 25. 2 EA. 18"- 3:1 Safety End Treatment; Per Each: j _-Fifteca mailmd-poltars and_.-.ta1.-Cents $ 1"500.00 3,000-01 26. 1 EA. 24"- 3:1 Safety End Treatment; Per Each: J ----__.1,-io1hu=nd lDollars and no _ Ccnts $ _2,000 24814 00 27. 1 EA. 48"- 3:1 Safety End Trealmcnl; Per Each: liv n y ttvc hundred ,-Dollars and____nn Cents Sri S 2 0 28. 175 C.Y. Type A Grouled Rock Rlp-Rap; Per Cubic Yard: Ninety dollars and on -Cents S_. go no S is,750.n1t I~ 29. LUMP SUM Inlet Protecdon, including Installation, E Maintenance and Removal; Per Lump Sum: Five huiydred INAlars N amL.J_ no _Cems S__50.00 S_3lL44. SUBTOTAL PROPOSAL B (STORM) S 4T S28 QQ 3 1 i SUBTOTAL PROPOSAL B (WATER) $ 96 405-DO SUBTOTAL PROPOSAL B (SEWER) S 89,793.00 TOTAL PROPOSAL, B S„ 273.71& E~ I BFP•7 t I i „ ~ - ~"".•.(„r .p• f C IrF 'tiF S~~~ tFs~Ac rt t'..4 ~ • i • i 3. BID PROPOSAL FORM (Cont.) PROPOSAL C: PAVEMENT ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) 30. 9,270 S.Y. S" H.M.A.C. Pavement including Base Coarse, Finish Corse, Prime Coat and f Tack Coat, Per Square Yard; Dollars and-, _---Cents 31. 11,360 S.Y. 6" Lime Stabilized Subgrade; Per Square Yard: _ J)ollars and --__Ccals S-- S 32. 170.4 Ton Lime; Per Ton: f and _cents S_. S--_- 33. 6,250 L.F. 6" Concrete Curb and Cutter; Far Linear Foot' Dollars and.- Cents 34. 1 Ea. Valley slier, Pcr Each: • _ ----Dollars and -_-.-_-Cents i • TOTAL PROPOSAL C: S BFP-R t 1 i 3. BID PROPOSAL, FORM (Cont.) All other items required by the plans to complete the project but not specifically listed in the proposal above shall be considered subsidiary and shall be included in the unit prices in the proposal. Within ten (10) days after acceptance: of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. a The Bidder agrees to begin construction within ten (1) calendar days after issue of the work order, and to complete the contract within the calendar days below after beginning construction as set forth in the written work order to be furnished by the Owner, The undersigned agrees to complete the work as follows: E A. To complete Proposal A: Earthwork and Lot Grading Including anticipated delay days due to inclement weather or muddy ground conditions in _als, __calendar days, B, To complete Proposal B: Water, Sanitary Sewer and Storm Drainage including manhole, inlet and valve adjustments and anticipated delay days due to inclement weather or muddy ground conditions in - 90 calendar days. C. To complete Proposal C: Pavement including anticipated delays due to inclement weather or muddy ground conditions in - calendar days. Enclosed is a Certified Check or Bidding Bond in the amount of S__- , in compliance with the i specification requirement (5% of highest amount bid). The above check or bond Is to become the property of the Owner in the event the constriction contract (when offered by the Owner) and the bonds and proof of insurance coverage are not executed with the time set forth above. 1 (we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. I (Initials)-,- Addendum No. 3 (Initials)_^ - Addendum No. 2 (Initials)__ Addendum Nu. 4 (Initials)_______ RcspecUully submitted, In -----_j.itrlyl[ ]a On CnI15i~ _ s By: zt~ Title: midcttL---- a Address: ~112YaW7Je__ _ _ Pori Worth TX 76119 _ Tclcph0nc:_aJJ)_572.3301 _ (Seal) Date:- /O 2f~94 BF'P•9 - _ ......_...-n ..:.....~-v..wr.w ate... . i'~111A1 1'~h ~:'.1~ IN, I J' 1 I AAA046FD PROJECT NO. 9b-;3 CONTRACT NO. ~ PERFORMANCE BOND THE STATE OF TEXAS 5 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON 5 That Larry H, Jackson Omsttuction, Inc. i of Tarrant County, Texas, hereinafter called Principal and independence Casualty and Surety Company and Insurance Company of the West o Corporation organized 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 thu City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City" in the penal sum of TWO hundred aewp.Ly-jbXge thousand seven hundred seventy-six dollars and no/IOPS 273.776.00_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, thAe Principal entered into a certain contract with Owner, dated U3 the day of 04)- , 19 °K. , in the proper performance of which the City of Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: water, sewer and storm drainage improvements for Hickory Creek Heights I • 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, PAGE ONE a S rI 1 • and during the' life of any guaranty required under the Contract, which is incorporated, as if written word for word herein, 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 be made including, without limitation to remedy and pay for any defects in material and workmanship or damage to other work or facilities which shall appear within one year from the date of final completion, notice of which modifications to the surety being hereby waived; then this obligation shall be void; otherwise to remain in full force and effect, J PROVIDED, further, that if any legal action be filed on this i bond, venua shall lie in Denton County. AND, that said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same shall in any wise affect its obligation on this bond, and it does f 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 7.}SK day of If 19 'i L . PRINCIPAL SURETY Independence Casualty and Surety Company ;urry R. Jackson Construction, Inc. and Insurance Company of the West BY: ~gt~ C BY: TORNE -IN-FACT Jac . Crowley ATTEST: S RETARY i 1 NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT DATE OF POWER OF • ATTORNEY CERTIFICATION MUST NOT BE PRIOR TO DATE OF CONTRACTOR « • BOND. PAGE TWO j p I F 1 • I Independence Casualty and Surety Company HOME OFFICE: SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That INDEPENDENCE CASUALTY AND SURETY COMPANY, a Texas Corporation, does horeby appoinlL JACK M. CROYILF•'y Is true and lawful Anomey(s}in•Fecf w1h full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undertakings, and oilier contrails of suietysh!p of a similar nalme. This Power of Attomey is granted and is signed and sealed by facsimile under the authority of the following Resolution adapted by the Scald of Directors on the 22nd day of November, 1994, which said Resolution ties not been amended or rescinded and of which the following la a true copy: 'RESOLVED, that the Chairman of the Board, the President, an Executive Vice President of a Senior Vice President of the Company, and each of them, is hereby authorized to execute Powers of Attorney qualifying the allomey named in the given Power of Aftemey to execute on behalf of the Company, fidelity and surety, bonds, undertakings, or other contracts or suretyship of a similar nalurel and to attach thereto the seal or the company, provided however, that the absence of the seal, shall not affect the validity of the instrument. FURTHEA RESOLVED, that the signatures of such officers erxl trio seal of the Company, and the signatures of any witnesses, the signatures and seat or any notary, and the signatures of any officers certifying the validity of the Power of Attorney, maybe affixed by facslmHe' IN WITNESS WHEREOF, INDEPENDENCE CASUALTY AND SURETY COMPANY has caused these presents to be signed by its duly authorized orFlcers this 191h day of June 11995 6 s?* INDEPENDENCE CASUALTYAND SURETY COMPANY r A K STATc OF CAIfFORtIIA _ _ SS. John L Hannum, xecutivo Vice President i COUNTY OF SAN DIEGO On June 191h, 1995 before me, personally appeared John L. Hannum, Executive Vice President of INDEPENDENCE I CASUALTY AND Si COMPANY, personally known to me to be the individual and offlcerwho executed the within instrument, and acknowledged to me that he executed the same in his cf 6ai oapacity and that by his signature on the Instrument, the corporallon, on behalf of which he a;,ted, executed the instrument. WITNESS my hand and official seal. Q0 ORMA PORTER all \ NOT ANY 7UEl~aG?CALIIFOill0 MY AN DIEGO COUNTY Notary Public Gommisown Ex pros CERTIFICATE'. JANUARY 16, 1998 1, E. Harried Davis, Vice President of INDEPENDENCE CASUALTY AND SURETY COMPANY, do hereby certify that the odg!nal POWER OF ATTORNEY, ofwhich therforegoing is a true copy, is stipin fullfoice and effed, andthat this certificate may be signed by facsimile under the authority of the above quoted resolution. f i IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this day of 19 `1ALt L.~x~ ~ • \\J<` % At / INDEPENDENCE CASUALTY AND SURETY COMPANY i r /tJ x . CC ICS 37 Homed Davis, ice Pfeiii • i I - i InRUrance Company of the West HOME OFFICE: SAM DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That INSUPANCE COMPANY OF THE WEST, a Celifor la Corporation, does hereby appoint: JACK M. CROWLEY I its sue and lawful Ahorney(s}In•Fad, with full power and authority, to execute, on behalf of the C impeny, f)dality and surety bonds, unclerskings, Arid other contrcde of suretyship of a similar nature, This Power of Attorney is grantud and is signed env sealed by facsim4e under the authority of the following Resolution adopted by the Board of Directors on the 22nd day of November, 1994, which sil Resolution has not been amended or rescinded end of which line following Is a true copy: "RESOLVED, that the Chairman of the Board, the President, an ExecuWe Moe President or a Senior Vice President of the Company, and each of them, is hetahy aul"itzed to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto the seal of the Company: provided however. that the absence of the seal shall not affed the valk)rty of the Inall lint, FURTHER RESOLVED, that the signatures of inch of ors and the seal of the Company, and the signatures of any witnesses, the signatures and seal of any notary, and the signatures of any officers certifying the validity nl the Power of Attorney, may be affixed by facsimile." IN WITNESS WHERtiOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by Its duty authorized officers this t5th day of November 1998 of o~r,oro INSURANCE COMPANY OF THE WEST wS sr.ouunyo i , krcy ,~M1 ~ ry~rK,r ATATE OF CALIFORNIA annum, So lu V" President SS. COUi'fY OF SAN DIEGO On November 151h, 7956 oe}ore me, Personalty appeared John L. Hannum, Senior Vice President of INSURANCE COMPANY OF THE WEST, personally known to me to be the IndivMuai and offer who exerutW the within Instrument, and acknowledged to in* 'hot he exsel the same'n his oMclal capacity and that by his signature on the instrument, the corporation, on behalf of which he acted, executed the Instrument. WITNESS my hand ano official s iy_ ~1LAYNA 0~1601S K ^ s ~`f. MCRI; is 410, 7408 0 ! ) U - . NO*y Rt 'r RJN RtIU N I'"' fY ~ ./wl.~ J.1.. N d~ SA'I U'E ta0 CC~1N U f:Y? My Corslog •XP''as ~1 I otnry Public +e~k NOYct.lt fi 19, I599 CFRIIFICATE: • I, E. Homed Davis, Vice Pmsklont of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing Is a live copy. Is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above quoted resolution. n'~. f IN WITNESS WHEREOF, I have suhscnbed my name as Mice President, on this V-Si ' day of Ko*m1p • 19 yL S `cc~°noi INSURANCE COMPANY OF THE WEST • • 4 •`~,,cauoage ~ r Ham Davis, Vtce 2P 6: ICW 37 III 1 i a .~~~r r~J,. ri"timC. P~~i t1,'l~t'+~'~r!tc°~4F~~J~~.1.:~~a'~+Tti$f7lL!fd'r"41•."/h~.~r~1~., ooacoor°y°o, ' 0 110 o , ~ op d O 1 ~ODO~O yT0 N teoo~, 4 7 ~'°OUOOaaona°`' i o 1 • ii v AAA0200 PROJECT NO. C l CONTRACT NO, 2~7 THE STATE OF TEXAS S DEVELOPMENT CONTRACT COUNTY OF DENTON $ Whereas, FULTE MOME CORPORATION OF TEXAS hereafter referred to as "Owner,'? whore business address is _ 1431 Gr-,enway, Suite 700, Irving, Texas 75038 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 applicablo ordinance.t of the City of Denton, hereafter referred to an "City"; and whereas, as a condition to the beginning of construction of said development, a development contract in accordance with section 212.071 of the Local Government Code 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," ;.re constructed in accordance with the City's specifications, standards and ordinances; and [select applicable provision al; follows) • ] whereas, the Owner electp to construct the Improvements • • wi*hout contracting with another party as prime contractor, in PACE 1 10V 01-1946 25:57 59'. P.03 77 d AAAOZD07 which case the provisions of this contract which refer to "owner• or "contractor" shall mean the owner as named above; or xxx whereas, the owner elects to make such Improvements hereafter Set forth by contracting with GLENN THURMAN, INC. 1 whose business Address is P.O. Box 850842, Mesquite, Texas 75185 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 agreemb,;:, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordanco 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 Crown Oaks Addition Lots 1-7, Blk A; Lots 3-22, Slk i3; Lots 3-17, Blk C; Lots 1-13, Blk D; Lots 1-22, Blk E b Replat of Lots 16-18, B1V. C the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree a-a follows: 1. Covenants of Contractor. Contractor agrees as follows (a) specifications. To construct and install the Improvements in accordance with the proredures, specifications and w 40 standards contained in Division II and III of the City's Standard is:sv PAGE 2 48'i P.04 • • AM02Dc7 Specifications for Public Works Sen'1!r+ction North Central Tekas, as amended, and all addendums thereto, and all other regulations, ordinances or speeifirations applicable to such Improvements, such specifications, standards, regulations and ordinances being expressly tnoorporated herein by reference and being made a part of the agreement as though written herein. (b) Qrders Owner and Contractors Warranty. 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, Guarantee for a period of one year from the date of final acceptance all work as called for in the specification and contract documents to be free from defects in materials and workmanship. owner, contractor and their surety as the case may be shall remedy any such defects in materials and workmanship and pay for any damage to the work or to other work guarantee for a period of one year froze the date of • final acceptance all work as called for in the specification and contract eocuments to be free from defects in materials and/or facilities which shall appear within one year from the date of • final completion and acceptance by the city, f • M I PAGE J IJOV-©]-1 15 57i P.05 I 9 1 t • r 1 I I 1 7V1N020D7 ~ 7t,e Contractor shall furnish the city Engineer or his representative with every reasonable iacility for ascertaining whather or not the work performed was in accord,-^e with tl•r specifications applicable thereto. Any work done or materials used without suitable inspection by the city may be ordered removed and replaced at Contractorts expense. The Owner, the Contractor and their surety on the performance bond shall and do hereby warrant and guarantee for a period of one year from the date of final acceptance all work as called for in the specification and contract documents to be free from defects in materials and workmanship. owner, contractor and their surety as the case may be shall remedy any such defects in materials and workmanship and pay for any damage to the work or to other work or facilities which shall appear within one year from the date of final acceptance by the City. The City Engineer or his designee shall perform periodic inspections of the work and shall perform a final inspection prior to the work being turned over to the City and an inspection 30 days priur to the expiration of one year from the date of final • completion and acceptance of the work by the City. Upon failure of the contractor to allow for inspection, to test materials furnished, to satisfactoril/ repair, remove or replace, if to • directed, rejected, unauthorized or condemned work or materials, or • • to follow any other request or order of the City Engineer or his J PAGE 4 fM-01-1996 15:57 98z P.06, j~ I f r • AMO2oo7 representative, the City Engineer shall notify the Cwner 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 I agreement to approve or accept the Improvements. (c) Insurance, To provide for insurance in accordance with the insurance requirements applica~]e to contractors as provided for in Item 1.26 of Division I of the Standard Specifications for 21=IS Works Construction. North en _ra t Twac, 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 C Dstruction. 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. • (e) @Qoks and Records. All of the Owner's and the Contractor's books and other records related to the project shall be available for inspection by the municipality. 2. Mutual Covenants of Owner and Co=Ag=- Owner and • Contractor mu"Zually agree as follows., • r PAGE 5 Not>-oi-5956 15:58 98: P.07 f i { I r r r lUU►07DD 7 (a) Perfurmance_Bonds, That if building perm:ts are to be issued for the development prior -o completion and acceptance of i all improvements that are to be dedicated to the public, the I following security requirements shall, apply: (1) The Owner or Developer shall provide a porformenct bond in an amount not less then t}fe amount necessary to complete the Improvements, au 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 in accordance with Chapter 2251 of the Texas Government Code. The Owner and his Contractor shall assign any and all rights in the bond to the City at the time the improvements are transferred to and accepted by the imY• I (ii) If the cost of completing the improvements at the time building permits is an amount of $15,000 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 or escrow agent pursuant to an escrow agreement ensuring completion of the improvements without exception, the City's escrow agreement form shall be used and the escrow agreement shall remain in effect for one year from the date of final completion and acceptance of the work by the City. (b) Retainage: FjnALgdvmentr, (This provision (c) applies only where the Owner and Contractor are not the same party.) That as security for the faithful completion of the Improvements, Contractor and owner agree that the owner shall retain ten percent of the total dollar amount of the contract price until after final approval or acceptance of the improvements by the City, The Owner PAGE 6 14MV--01-1996 15:56 5F3 F.08 f 1 1 • ~II 1 I i AM020D 7 \ shall thereafter pay the Contractor the retainage, only after contractor has furnished to the owner satisfactory evidence including owners affidavit that all indebtedness has been paid, 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 teen paid or otherwise satisfied. r (c) EncUbranees. That upon completion and approval or acceptance of the Improvement: of the City, the Improvements shall become the property of tha 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 nctice 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 ensure • payment of such claim, lien, charge 9r encumbrance. (d) Indemnifiytion. The owner shall and hereby does indemnify, dr.fend and save hermlers, the City, its officers, agents and employees from all suits, actions or claims of any ^:haracter, • nano and description brought for or on account of any injuries or • • damages received as sustained by any person, persons or property on PAGE 7 ~~~-0.1-5956 15:58 96i P.09 mAO2An7 i f 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. (e) 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. Covenants of City, That, upon proper completion of the improvements in accordance with this agreement, the City agrees to accept the Improvements. 4. Venus and Governing Lai, 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 accords.-a with the laws and court 0 decisions of the State of Texas. 5. Successor and Assign, This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. 1. . I PAGE 8 IJCiV-QS-1596 1559 5S% P. 18 • 1 r i AAAO2DD7 I Executed in triplicate this, day of November is g6. I I O CONTRACTOR P TE H ME CORF AT OF TEXAS GLENN THURM , INC. v B BY: chard L. Strom Gary M nor _ CLTY c1F DE N, T XA BY: CITY MANAGER ATTEST: J IFER ALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY. LrZs~T/~ W~/~ • j • • • PAGE 9 P.11 s e AAA046FD PROJECT No. qG " 2 iI CONTRACT No. PERFORMANCE BOND Bond No. 12133282100 THE STATE OF' TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DFNTON S That- Glenn Thurman, Inc. P.O. Box 850842, Mesquite, Texas 75185 s of Dallas County, Texas, hereinafter called Principal and Americar Aut,mobiie Insurance Company ; 777 San Mann Drive, Novato, California 94998 a Corporation organized under the laws -f the State of Marin and authorized to do business in the state of Texas, her-e_iM7t:er called "Surety", are held and firmly bound unto the City of Denton, Texas, u Municipal corporation, in Denton County, Texas, herainaftsr called "City" in the penal sum Of Two Hundred Sixty Three Thousand, Niue Hundred Fifty One and no/100------------- {S 263,951.00------- } Dollars, lawf711 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 see^.ally, and firmly by these presents: THE Condition of this obligation is such that: WHERZAS, the Principal entered into a certain contract with owner, dated 12th the day of November , 1996_- in the proper performance of which the City o Denton, exas, has an interest, a copy of w,.ich is hereto attached and made a part hereof, for the construction of: Construction of Pavink Improvements ffooL 71 lo,s in the Crown OlAks Addit1nn in _ the City of Denton, Denton Cow it Texas NOW, :'H£R£F'oRE, if the Principal shall well, truly, and r faithfully cruse to be performed and fulfilled all of the undertakings, covenants, terms, conditions, and agreements of snid Contract in accordance with the Plans, Specifications, and Contract Documents during the original term thereof, and any extension thereof which may be granted, with or without notice to the surety, PAGE ONE t J j i I 3 ~I and during the life of any guaranty required under the Contract, I which is incorporated, as if written word for word herein, 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 be made including, without limitation, to remedy and pay for any defects in material and workmanship or damage to other work or faciities which shall appear within one year from the date of final completion, notice of which modifications to the surety being hereby waivedi 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 staid Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, r3r to the work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same shall in any wise affect its obligation on this bond, and it does hereby +aive 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 MMRSOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the 19,h day of November 192y.,,_ . PRINCIPAL SURETY Glenn Thurman, Inc. American Automobile insurance Company BY: 8Y: ~22- ✓ `s ` '~ti i.~ . ATTORNEY • IN- CT Tomi J, Braun ATTEST: .7; SECRETARY NOTE: POKER OF ATTORNEY OF SURETY MUST BE ATTAMED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT DATE OF POIfER OF ATTORNEY CERTIFICATION MUST NOT BE PRIOR TO DAVE OF CONTRACTOR • BOND. ME TWO ' _ 'At m. „ 1 i • crwuAL PO OF ATTOR M AMERICAN AUTOMORFLE INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTSr That AMERICAN AUTOMOBILE INSURANCE COMPANY, a Corporation duly organised and ealNio/ under t the iswe Of the Stare of Missouri, and having Its prixlµl office in the County of Mat ln, State of Glifornia, has made, tonaritacd and appolaed, and does by these ptaents make ,tonatirwit ledappoiu JERRY P. ROSE, TOHI J. BRAUN, DON E. CORNELL, jointly i or severally L g i 1 Its crate w1Gwf~7lttoroey(r}io•Fact, with full pnwaand authority hereby conferredIn lotna t. place and loud, to uavtt,".acknowltdaestddeliver say and all bonds, undertaking,rmolnitanm of other written obligations Is the nature thereof and to bled the Corporation tMrtby as fully and to the same Cancer u if aucb bonds were stilled by the President, sealed with the corporate lead of the Cotporstba and duly atwoted by its Secrtlary, hereby ralfying and coofiraing all than the Bald Atiorney(QIn Fad may do in the premiss. Thispower of attorney is panted pursuant no Artkk VII, Sealotu U sad 46 of ey-laws or AMERICAN AUTOMOBILE INSU KANCE COM PANY mow In full fora and effect, "Antic VH. Appolatarral adl AntiorW of RaNrNSec, a fads, A(1w.ry-H-FM sof AFa4 to aeryl letal from" and MSA# Appearances. Shaba 45. Apypoinf r. The Ckdrmsa of the Board of Directors, The Pfesideml, say Vlee•Presldea or may other person aaboriasd by The Boar/ of Dkoden, $be Ci- of the Board of Dominoes. The President or may Vka-President way, from Oast to date, oppolol RmLLent AssMant SrertWfw tad Atterneyoaa-Fars to rtpnunt sad errs for and on bthelf of f 1e Cerperedom and Agents to aeseyt ktd prose and make sppesnaca for and oa behalf of Its Corporation, Section 46. Avsho&)s Tie ove6orky st arreb Real" Adotaat $rcrMr1**,.bt1oneysr4s-F&d sad Agents shall be an preseelbod M Tbt bstrusent evHeadry tN4 apgwlatwea. Any ands sppololmeN ande6 awthor(rygna florsby way be mohedalaq tlme by the Bond of DlraclorserMuy pawaempewaedM make nth appointatw! This power of attorney is signed and sealed under and by the authority of the following Resolution ,doped by the Board of Dlreaors of AMERICAN AUTOMOPILE INSURANCE COMPANY at a metfing duly called and held on lha Art day of July, 1911, and Laid Resolution has tat bees amended or rtpaltd r `RESOLVED, that the signature of say Via-President, Assistant Sweiary, and Resident Asslitaa Secretary of this Corporsiloa, and The send of lb4 CorponUort may ice affixed or printed on any po war of anonty, ern ay rmomtbo of any power of attorney, or rm any certificate relating theme. by haim)k, sod urr power of attotney, any revocation of soY power of attorney, or otrsirkate bead log such facsimile signature or facsimile seal &W be vslW and binding sports lM Corporatloor IN WITNESS WHEREOF, AMERICAN AUTOMOBILE INSURANCE COMPANY has caused these presents no be algmed by lot Vice-president. and off corporate seal a be hereunto of fixed nh6 25 c h day of _ January '1996 y AMERICAN AUTOMOBILE INSURANCE COMPANY aa.a r STATE OF CALIFORNIA COUNTY OF MAR IN m, On Tly25It h day of January .10 46 , before meperronallyume_ M. A. Mallonee To me known, who, being by me duty sworn, did depote and ay: that he is Vke-Pceildenl of AMERICAN AUTOMOBILE INSURANCE COMPANY, t!w Corporal"desedbed Is and which executed Ore above In lrumenn; nha k It nowt the "of sold Corpora loo; that the tun affbwd To the sold lnotruroeut b tud corporate sal; that it wu so afrixed by order of the Board of Dkators of aid Corporation and That he signed hit name thaeno by like order. f IN W ITNESS W HEREOF, l have hereunto set my hard and afrTxtel my offidal seal, the day and yw herflo Not above written. r A. KRIEGER • 0 Caw.mtoasTts a I ""V N*TAAY►WU -C itrommut YMatCWr.TV Q T WCamr E,orer my 70. iron CERTUICATS I-v-e^vv-vvvw-v STATE OF CALIFORNIA IL QhUNTY OF MARIN • I, the undersigned, Resident AWswi Socr t of AMERICAN AUTOMOBILE INSURANCE COMPANY, a MISSOURI Corporation, DO HEREBY • CERTIFY that the foregoia andailachedPOWEROpATTORNEYremaintlnfutlforaardhueabetorevoked and furthermore that ArtkkYl[,Sections 43 and 46 of the By.lawo of the Corporstk.f, fad the Resolution of the Board o Direcion; aer forth in the Powa of Attoro r% ere now Is fora. Signed and ceded at ells Counl y of M.An. DstM list / cy g day of ~y . It q1 Nara {I ar~~ Rai" Aa/aaar atmerars 7 361 TH•AMie6 f off I • i 1 • 1~ Ijil 1 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: t P. O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX M (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 COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OFINSURANCE ATTACH THIS NOTICE TO YOUR POLICY: • THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT. • • Ouc-03-96 05:05P Glenn Thu"ian Inc 5575096 P.02 MC 3'% 16:44 FR FCEx ALEx 2149692328 TO 997255750% F.02 03 wawMii >11~. 11R lw TM CEFTIMATE M ■VJW AS A *A 00 Nvowhym OIKY AND COWW NO 00 TS urou TM COt7MICA71 Alrwldw i Alrtwaw W Tarr, tae. MC&M. TMM CUITWICATI DM NOT AUM Df1EID Ow Cwtolwa C m w t1Wat ALTMt Tltt COVEMM AI►OIO.'D ov TI! rolkfs ohoW. 271T Made'" ' Av~ Mfgam CQVWAK. CNN= TX 762010-2M caw.wr 0w~ ewe" TTN1[~. 1Af. 000100N1 ►.0. oM 69owa2 i "mom TX 761" C ~ D T7/6 670 0[RTWY ?MAT 7M TOIJC IEE OF WItAtAMM USTIO I&OW MAW UM OVA D TO T11F 0tQ11l0 W*WA "0W "M T16 POLICY PWl*D 01TACATJD. MOn" NaTAMM ANT MWAM*Wd, Mat Oa COMOITION CI AM! COf WCT 0M OTMIM DOCURNM WTTM MF4R'T To Ww" 7116 CEMMVATI MAY 0E KpJM 011 MAY MWAN, T.q OMVWMPCO AM MM BY TM P'OIICWO oaaClwm r611EN 19 K&JNCT TO All THE TUM, EICCLLOAMM Aa0 COf 10E of EUCM P011C". LMWS ENOWN MAY NAV[ 044 ♦~p V A4OANO. ~Ll rTra w aauMrtt fours aA iauL+OIaCAYE faueT arwLrWA Car1r n*";W TI 0An ttAaOO1YY1 A ~ yW1vn - GL3 ~ 372220 - - ~ tOr3tnasW I I W2lrifo7 aa.alr MUMM"ra 1. ooo, ooo 1 ` ' ~wea0 ~orw!M!f f E, 000, ►00 C...r " iI x Qoto i I IreWww ►AUT _ , t. oo/, v00 aca.Ye..erow..er~ I MOIOCCuoulL f v ooo, ooo rH, P" Momw Vow r.1 le.ew i 11AM Ew WrH teas" t 1.000 • Ak~ wmm ; CA31372227 r 1013111 M 104111!!7 1t • ANT Au1O CatWaap stag Utff r 4.40.000 { A PYNw AY r W-ow 11K.at1Aw JW10a w Y.. - -i 1 NINC AYfpt •awaa~ AK01 i . ow "Oft" 4 Na 'M OAMMW r ~M~ru.aatn ftno OAIT• It . - i 1 N.CM Af4WEfjT t °cw" uwm ` cCaPtMa t MM61A .ON. I ralNE~n ar.oll M loft&A f01or 1 [ t aala~eW1P "%Mwrv E k -62. AP~aMT 0wwa Aw: J [ ola 1 . M r1aYw ~ I rr A~ ~ i gClC7atoaifad i d1. oaa 1pWl p, pi WAIa"'f !'~Y"}1P""PEM"r'+raN"0d a/ "'r"' R.Itau Cr own a DMNM 0+M1 AM a Hl Am" awaatao 06.0m at eamej W 0W11M -M Fwa Iwt110a *"or*"" YQApTW1r~ aA~AM1OgO "am, 1M MUM 0OM1MN M, MMMM so oft MW 06460" Usm* M .~M! Ta a1 » 1 v MIOr r vMwib b 7M r► 141' VAfar "M'i:"."fE +wr .n wrw. 1411 &A y DIM, odr 700 M Arr rfaa m 6vr11M TX T7t 750>M r,NM r M. rfll\ - CWarlwT• i • i i 1 CROWN OAKS ADDITION - 77 LOTS DENTONJEXAS J BID PROPOSAL FOR CONSTRUCTION OF; PAVING IMPROVEMENTS UNIT ITEM DESCRIPTION QTY UNIT PRICE TOTAL 1 8" REIN. CONC. ST. PVMT 3000 PSI 14,710 SY S 1 S l c'8 " 2 8" LIME STABLIZED SUBGRADE 15,880 SY °y 3 HYDRATED LIME (33 Ib1Py) 258 TONS AZI-S 241 4 STD. STREET HEADER 127 LF 5 REMOVE BARRICADE 2 EA /Qom- 8 SAWCUT Q REMOVE EXISTING CONC 71 LFi lO to 7 SAWCUT & REMOVE ASPHALT PVMT 58 LF _ )ow- 8 REPLACE ASPHALT PVMT & TIE-IN TO EXIT. CONC CURB 6 GUTTER 58 LF 1p - TOTAL PAVING IMPROVEMENTS f Z~ `~1 l_L ~Yns«r ik e i I Y. 1 1 MORK • ~y~ 1. Ju.~.~y~y pyy ..L y yx~~uuLL yam. ~ el:t ~ 5..1~~'.la.j'S~iYAV1~4nF!{{Y~.RT+iIE"YWi~IY~'i'F~[]~x~i K!!•1440+e~_e e1~~~ifJS~xrMrN~.~a. r, . I ~p~~~'~'' o00COQGCp~O A. 4. r ° Ov 4 ~ ~ O O I ~ CZ) O ~O N oOO ° 1100, 0oaaaao • • o t "E ♦"~tT"'.- r.-,. S ~tl1 ~~ti"kY1{~r ~';q~r~~ ~~~`t,~„-r f ~ i I I I I r- t AAA02DD7 PROJECT NO. 964499e CONTRACT NO. 4-a THE STATE OF TEXAS 5 pE_ VELOP7 ~~7~C0 'T1U1~. COUNTY OF DENTON {~tzell M rufgSa[ioSi. Inr.. - whereas, hereafter referred to as "owner,0 whose business address is _ 2600 Interstate 35, Dent9n. ":exas6Ql___-- ' 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 in accordance with section 212.071 of the Local Government code is required to ensure that ail streets, water and sewer lines, drainage facilities and other • improvements which are to be dedicated to the public., hereafter referred to as "Improvements," are constructed In accordance with i f 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 PAGE 1 i • i • AAA02DD7 which case the provisions of this contract which refer to "owner" I or "Contractor" shall mean the owner as named above; or whereas, the owner elects to make such improvements hereafter set forth by contracting with Fort Worth Design 6 Build Inc. dba _ n/B Constructors, Inc. whose business address is 2400 Great- Southwest Parkway, Fort Worth, TX 76106 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 speci~icntions and that payment i-i:nade 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 Worthington @ Barcelona Denton, Texas ,I the owner, contractor and city, in consideration of their mutual promises and covenants contained herein, agree as follows, 1. I;o n nts of C-jttrx t-t. contractor agrees as follows: -pug 9 • • • (a) Speclfications. To construct and install the Improvements in accordance with the procedures, specifications and standards contained in Division Il and III of the City's Stand- PAGE 2 j • l \ EI J%AA02DD7 SpBO a~tio[le for Fubl c WC Const~~ction, it~rth central Texas, .I 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) jiuthority,_of _C_!ty Ennineer~_~Lstions~ Tests an~ic orders owner_ and Contractors Arronntty. 11hat all work on the Improvements shall be performed ih a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all iuestions which arise as to the quality and acceptability of materials furnished, work performed, and the interpretation of specifications. Guarantee for a period of one year from the date of final acceptance all work as called for in the specification and contract documents to be free from defects in materials and workmanship. owner, contractor and their surety as the case may be shall remedy any such defects in materials and workmanship and pay for any damage to the work or to • other work guarantee for a period of one year from the date of final acceptance all work as called for in the specification and contract documents to be free from defects in materials and/or • facilities which shall appear within one year. from the date of • • I final completion and acceptance by the city. I PAGE 7 7771 • 1 r nnno2oo7 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 use without suitable inspection by the city may be ordered removed and e replaced at Contractor's expense. The owner, the Contractor and their surety on the performahce bond shall and do hereby warrant and guarantee for a period of one year from the date of final acceptance all work as called for in the specification and contract documents to be free from defects in materiais and workmanrship, owner, contractor and their surety as the case may be shall remedy any such defects in materials and workmanship and pay for any damage to the work or to other work or facilities which shall appear within one year from the date of final acceptance by the city. The city Engine-?r or his designee shall perform periodic inspections of the work and shall perform a final inspection prior to the work being turned over to the City and an inspection 30 days prior to the expiration of one year from the date of final completion and dcceptance of the work by the City. Upon failure of the Contractor to allow for ihspection, to test materials furnished, to oitisfactorilY 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 PAGE 4 • i r AAA02DD7 representative, the city Engineer shall notify tho 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 Sy~eclieai~tls fob. Pic Work_ CoristrugtLoi._ !r~~~3tr-Toxas, as amended, the provisions of which are expressly inrorporated herein by reference; provided, however, for purpose of this provision only, "owner," as used therein, shall mean the city of Denton. (d) Meathan Methods oP_ o is_tzUCtiol]• 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. • (e) pooks and Records. All of the Owner's and the Contractor's books and other records related to the project shall be available for inspection by the municipality. • 2. Mistual Cove ants OL-19wner and cgntractor. owner and . • Contractor mutually agree as follows; PAGE 5 • • i I s I AAA02DD7 i' (aj }~©rt_ormance. Bonds. 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 requl ..rents shall apply: (1) The Owi,. - Developer shall provide 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 in accordance with Chapter 2253 of the Texas Government Code. The owner and his contractor shall assign any and all rights in the ,oohd to the C{ry at the time the improvements are transferred to and accepted by the city. (ii) If the cost of ©ompleetisg tan of heamountve ents,000the time building p 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 or escrow agent pursuant to an escrow agreement ensuring completion of the improvements Without exception, the City's escrow agreement form shall be used and the escrow agreement shall remain in effect for one year from the date of final completion and acceptance of the work by the City. • (b) Retaila~e~Final kayme ts. (This provision (c) applies only where the owner and contractor are not the same party.]' That as security for the faithful completion of the Improvements, • contractor and owner agree that the owner shall retain ten percent • • of the total dollar amount of the contract price until after final approval or acceptance of the improvemehts by the City, The Owner PAGE 6 a i 1 1 I Mow" i i AnAWD07 1 , shall thereafter pay the contractor the retainage, only after contractor has furnished to the owner satisfactory evidence f including owners affidavit that all indebtedness has been paid, 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 i , ` paid or otherwise satisfied. (c) Encumbrances. That upon completion and approval or acceptance of the Improvements of the City, the improvement; 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 fouhd 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 promptly post a bond with the city in the amount of such claim, lien, charge or encumbrance, in favor of the city, to ensure payment of such claim, lien, charge or encumbrance. i (d) IndejTa cat pt~. The owner shall and hereby does indemnify, defend and save harmless, the City, it's officers, agents j • and employees from all suits, actions or claims of any character, I name and description brought for or on account of any Injuries or damages received as sustained by any person, persons or property oii PAGE 7 • C AAA02DD7 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 iudgment, with costs, which may he obtained against the City growing out of such injury or damage, (e) 1+ reement_ 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. Cov_e;lartits of-CXt~C, That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the improvements. 4, Venue and_Governin Lai!. 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 "rl lie in Denton County, Texas. The terms and provisions of this contract shall he construed in accordance with the laws and court • decisions of the State of Texas. 5, Successor an ass qn This contract shall be binding upon and inure to the benefit of the parties hereto, their respective • ~liccessors and assigns. • • PAGE 8 . 1 f hAA02DD7 r Executed in triplicate this, ~ day of L.. OWNER CONTRACTOR 8Y: _ r BY: ~_IJYIn i J N CITY OF DENTON, TEXAS r BY: _ CITY MANAGER ATTEST: J IFER ALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY HY:~' 3 PAGE 9 ` , • AMO 9 6 FD PROJECT NO, CONTRACT 140. s Bond No, 1311020 PERFOR,W+NCE BOND I i THE STATE OF TEXAS S KNOW ALL D'FN BY THESE PRESENTS : COUNTY OF DENTON 4 That D/B Constructors, Inc. Of Tarrant County, Texas, hereinafter called Principal and Great American Insurance CQ;npanv - a Corporation organized under the laws of the state of ~hi~~ and authorized to du business in the Dtatc of Toxaa, h eresnsftor called "Surety", arc held and firmly bound urto the City of Donton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called 11 City" in the penal sum of _ _ E 11 Thousand and no/lOQ 8,000.00.. Dollars, lawful money of the Unitad ;tr. for the payment o1 wit ch sum well and truly to be made we bind ourselves, our heirs, execu wren adminiatratoro, and auccessorrt, jointly nn,i severally, and firmly by these presents: THE Condition of this Obligatiorl is suoll Ll,at: WHEREAS, rhn Principal entered into a certain contract with owner, dated 22nd the day of November 194F,u, in the r proper performance of w1d ch the City of Denton, Texas, has an interusc, a copy u[ whir-lo is hereto attaehod and made a part herernf, for the construction of. • Sidawalki gnd approaches - Worthington Drive _ Denton, T% I I I i • NOW, THEREFORE, if the Principal shall well, truly, and faithfully cause r,o be performed and fulfilled all of the • • undertakings, covenants, terms, conditions, arld agreumcnte of said contract in accordance with the Plans, Specifications, and Contract :)ocuments during the original term therr-of., and any extension thereof which may be granted, with or without notice 0 the Surety, PACIF. ONE, • I i and during the life of any guaranty rec?uired under the Contract, which is incorporated, as if writron word for word herein, 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 modificationv vi said contract that may hereafter be made including, without limitation, to remedy and pay fvt any defeats in material and workmanship or damage to other work or faci-itiea which shall appear within one year froo, the cats of final complcLiw:, notice of which modifications to the surety being hereby waived, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, further, that if any legal action be filed n-1 thil+ bond, venue shall lie in Denton County. f4 AND, that said Surety, for value received, lieLvuy stipulates and agrees that no change, extension of tir*, alteration or addition to the terms of the contract, or to the w,Drk performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying thm same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of rimr., alteration or addition to the terma of thA Contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, this instrument is oxeruted in triplicate, each one of which shall be deemed an original, this t.hn 22nd day of norember , 19 46 PRINCIPAL SURETY 0/B Constructors, Inc, Great American Insurance Comoanu l BY: BY: ATTORNEY IN-PACT William D. Baldwin ATTEST: • ` / / /SEY NOTE: POWER OF ATTORNEY OF SURETY MIST HE ATTACHED. DATE OF BOND MUST NOT dt YNIOR TO DATE OF CONTRACT :;ATr, or rOWER OF • ATTORNEY CERTIFICATION MUST N07 BE PRIOR TO DATE OF CUN:RACTOR BOND, PACE TWO , r , t I 1 i GUM A RMGW INSURANCE WMVRW 680 WALNUT STREET a CINCINNATI, OHIO 45202 . 513.388.6000 a FAX 613.723-2740 lice number m persons authorised by 15RFR c this power of attorney is not more than No, 0 I Eight POWER OF ATTORNEY r KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, It corporation nrganlled anti evisling under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint he person or persons named bclow its true and lawful alioroe)-in-fact, for it and in its name, place and stead toexecute in behalf of thessid Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other* ritten obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking orcom Tact of suretyship executed under this authority shall not exceed the limit stated below. Name AcIs Limit fp ewer WI1,LLkM D. BALDSVIN M -MEL B. HIM I OF C 11. T. RAGSE~ALE WII,I.IAM L. RIDLEH00Mrt RfulAR ml, Tx UNIX17M) 3UZ1sNNE C. BhW4IN DON F. SMITH CINDY FlOisrLER RAY WATS30N Phis Powcr of Attorney revokes all previous powers issued in behalf of the attorney(s)-i-fact named above. INN'1TNESSWREREOFtheGREA[AMERIC'ANINSURq NCECOMPANY hascaosedthesUresemstohesigned andauestedby its appropriate Officers and its corporate seal hereunto affixed this 22»d day of ` 1= , 19Q5 Attest GRFAI AMERICAN INSURANCE COMPANY SI-A-I F. OF OHIO, COUNTY OF HAMILTON ss, On this 22nd day of June, 1995 before me personally appeared GARY T. DUNBAR. to me ]snown, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the President Of the Bond Division of Great American Insurance Company, the Company described in end which executed the above insttument, that he knows the seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. This Posecr of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993, RESOLVED; That the Dirtskur President, thesneral Division Vice Presidents and Assistant Vice Presidents, oranyoneofthern, be and hereh% n authorised, horn time fo limr, to appoint one or mare Attorneys-ln-Fact ra execurc on behalfafthe Company, as surely, any and all bonds, undrrra.lings.vlJ contracts orsurrtyship, or other written obllgarians in the nature thereof,- to prescribe their respective duties and the !i srspeciiie liners or their authority; and to rryoAr anysuch oppninftnent at any rime. RESOLVED FUR711ER: Thal the Company seal and the signs lure of any of the aforesaid officers and an), Secrefary or Assistant Srcrctarv of the Company may be affixed by farsurivc ro any power of attorney or certificate of either given for the execution of any bond. ArildmaAong, contra. i or surer ship, or other w'rarrn obligation in the nature thereof, such signature andseal when so used being hereby adopted h) stir C'ompan i as the original signature of such officer and the original seat of ilia Company, to be valid and binding upon the Company with the same fore: and effect as though manual! v affixed. CERTIFICATION 1. RONALD C. 11 AYFS, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Aflorney mod the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 22nd day of November 19 96 tiIn1V1'H nP, i • 1 • i IMPORTANT NOTICE TO OBTAIN INFORMATION OR TO 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 li You may write the Texas Department of Insurance: P.O. Box 149104 Austin, Texas 78714.9104 FAX No. (512) 475-1771 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim, you should contact 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 a t i • • 12-05-96 09: 59AN FROM D/B CONSTRUCTORS U 18173837701 P003 11/25/1996 16:89 81T9263M R Xkfz amen: PNE At 0 UP41 OiltlM ILIWAW 1 lllllf'IrDCII•II I wy 7~ frill t+A avow 1 VIM= R W&* Tx 71110 1{/25/96 D/ 8 Mastructorr 2400 Great Southwest pkwy. Fart 7lorth, Texas 76106 Attnl Bob Muawe M N■:txeii Manutactoriny., Inc. Denton, Texas t) 4° City Sidevalk 1720 S.F. 14,047,nO ,~i~alrk Tote), Randy 7n • 1 1 • ~ A • I n n.r NI IY IIi IJ~It 11 f^ 46 04 .41N 10u1 NI'/ 4 • Certificate of Insurance T1115 CERATICATE IS ISSILED AS A %IATTFR OF INFOILMATION ONLY AND CONFERS NO RIGHT5 UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFiCATF IS NOT ,I AN L\Sl R.\\CF NLIC1 AN D DOFS.\OT A V 1: ND, E S TEND OR ALTFR THE. COI' FRAGF A FTORDE D BY TIft [X)IS(:l E5 L{STED BE LOIY. J h13 is to Cortlty that _ FORT WORTH DESIGN $ BUILD, INC. Nwm and LIBERTY s DBA DYB CONSTRUCTORS address of MUTUAL 2400 GREAT SOUTH1.VEST PARKWAY Insured. i FORT WORTH, TX 76108 Is, at the tissue deb of III coff"te, insured by the Company under @s po"Ies) listed below. The Insurance afforded by the listed poBCy(*s4 ie subject to all Mar terms, exclusions, and eordtions and is not altered by any roglAnment term or Condition of any contni or o1Mr doaXwt wit respect b xfiidF RS ar9Acab may be EXP. DATE • CONTINUOUS TYPE OF POLICY L EXTENDED POLICY NUMBER LIMIT OF LIABILITY - P%[Q`LTERM WORKERS 1115197 WC1.191-080245-018 COVERAGE AFFORDEDLINDERWC EMPLOYERS LIABILITY ' COMPENSATION LAW OF ME FOLLOWING STATES: eddiNillawwBaAccidert------ TEXAS $1,000000 Each _ Accident ' B0dt1' Injury B/ Disease $1,000,000 Policy Llmll BodAy' Injury 8Y Disease $1,000,000 Each - Ptrmn GENERAL 11/6197 YY7.191.OB0245.038~~-ere LIABILITY $2,000,000 b OCCURRENCE I J CLAIMS MADE 11!5197 $ 00 PreDeRY Dame LiedlAy Oxwrence 52,IOOO~OOO AT ANYONE $1,000-000 JOB Personal and Advertiaft Iryury Per PersurY' ~pETgC GATE 51,0001000 Dryan2allon - - - orwn osier AUTOMOBILE 11/6197 A82.191-080245.048 S2000000 Each Aecidsnl•Sr4aUmA' LIABILITY B.I.arcIRD.Combiad OWNED Each Person NON-OWNED - _ - Each AocldwltorlOxurrsncsHIRED Each Accdsrltor0aumnCe ' Q(] JI OTHER eppoooeot. xw•mm.FrsoRERrv oasLroE. PeRaoeA~eeaMmaewaLm.,o rwwLMplffY "sill l I I ' UMBRELLA EXCESS 1116197 TH1.191-080245-028 Fr~'ocarail'Free ~ IJABUTYOY.on, aiwL AmlaoArE lorNe, rnw rxoowrecannmaerum,g a IAAW reP! R YL'OAq[RP a4Mr1014 AedREWlE 1MAI1 ADUITIUNAL COMMF NI3 • CITY OF DENTON LISTED AS ADDITIONAL INSURED ON GENERAL LIABILITY. ? ' II me MINIONS &%pesson hre b eontWM or eXtended 1erllF, --ar_--.- j y sM be Waited 1 N coNarepe iL terminated IA redoced bslore the Rise sl~ielbn dab. ` SPECIAL NOT1ClON10: ANY PERSON W17) WITH INTENT TO DEFRAUV Dt>flXNOw140 NO7TNT LIE le FACIU TAnNO A FM~p AO,A(IAI 11NSi AN INSURE ER BUSLeT9 • AN APPLICATION 011 FILES A CLAIM CONTAIISNID A FALSE OR DECEPTIVE STATEMENT la WLrY OP RSURANCE FRAt10. Liberty Mutual Group • 01000EOFCANCELLOMW (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED ELOW.1 BEFORE HUE 87ATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ADM POLICIES L"L AT LEAST '.♦D DAYS NOtICE OF SLXIH CANCELLATION HA3 SEEN MMLEO T0; CITYOFDENfON 1 ATTN;0AVIDSALMON•SR.ENGINES R REBECCA D. OCKM h 221 N. ELM STREET AUTHORIZED REPRESENTATIVE DENTON, TX 78201 IA ING -PM I _ (972)6567899 1214/98 --J OFF CE WIONE NLO"A DATE ISSUED Tlus crrpflcanv is esnalttl by LIBERTI'AIU:FL\1.GROUI'asr hlnwn such Insurance asls Affordcnibi, Thw, CompAnlrs BS 772L R2 I i 1 r i J ~ 1 ~,:,5''>.t:~,~'a~,?a~'A~vR+kr,i;~Yr;7e~7,a51fs5~tiYtx~{.,r,,C ~yrcnv:v~~;~wwonawrr u...:....,. ooo~~~~o acoarF a/~,o ~VR{ tO ~j Cj~ ~ y Q b O r d CA C73 u~ oo~000, o K t O~ooo~G~ aaooa~~9 i I i i j i r • . i i I i I AANWIM r PROJECT NO. 162 2 46? CONTRACT NO. Z_Nj_j THE STATE OF TEXAS S • QEVELOPMENT C '1' COMITY OF OrPTON Whereae, Hartzell Manufacturing, Inc. ^ hereafte~rreferred to asf "Owner," whose business address is ~~.~r ~J- Y~~ Qf S'1 InT J?~ ~Yl `Y' TX ~to D~ 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 ordinanums of the City of Denton, hereafter referred to as "City"; and where p- as, as a condition to the beginning of construction or. sold dsvottopment, a development contract in accordance with Section 212.071 of the Local Government Code is required to ensure that All I strp.ats, wat,:-r and sewer lines, drainage facilities and other • irr.proveniontr• which nr.e to be dedicated to the public, hereafter referrPf] to tin "Improvements," are constructed in accordance with the q,ccificatlons, standards and ordinances; and ;helect applicable provision as follows) • _ • • ] W;:•~rpnn, the Owner eler,.ts to construct the Improvomontr. ` without •!ontrarting with another party as prime contractor, in PAGE 1 0 v - • 12 05-96 09:59AM FRObd UIS CONSfRUCTaRS TO 18173837107 PON AAA02De7 which oasn the provisions: of this controrC Arich rolor to "Owner" or "Contractor" shall mean tha Owner a, namu-1 ahovr; at l Whereau, Uic Ownui. e+l¢eota to mekr. such Imps r,v+u" qlt:: hereafter Ant forth by contracting with _ lnrn ;t,u Pin i re,t ci ltai. who:;e bu .inr.rr; nddress i:; - 7452 noywnal Park, Fort worth TX 76119 referred to as "Contractor"; and wharves, Owner and contrartnr rorognixe Chat thr City bar. an interest in ensuring that the Improvrmenl:= ::ull1not. In thin agreement, which will, upon completion and act:<riel:rnr~ by the City, become public proporty, are properly conntrtctryrs in aveordatior. with the Ci,:y'a specification:, and that paymoot i mado thet'rfor; WITNESSETII A:a to the Improvcmr.nts to be dcdirrated to 1 hr: public, an specie'`^d in Exniuit A, attached hervio nnH inov; lr;e+ ,t.;:u ley reference, to be instailod and con;structod at Worthington s Barcelona • tho Owner, Contractor and city, in connidcralion of their mutltr;I promiren and covenants rnn~.ninnd hnre.in, aorro tr+llnw-1: ~Qvrln., tts of Cq;ltr,z~c~o;. onhrnr tar :nerve!; rr, follow::: s (a) Snaci irat e. To conntrurii- ,11111 lnz;trrll the improvements in accordance with the prnre4ttrer;, rrp3r.iflr:ntlurn, aril standards contained in Division II nnrl Ttl e; I:thr City':, Standard y~ { PAGE 2 • I AAAUZrr," Spey_) f,i -at ion for Public 1~fork Constructlorl,._-Ro.~t. tral Texas, ac: amended, :ind all addendums thereto, and all other regulations, ordinances or specifications applicable to such Improvements, such spe..ificntinns, standards, regulations and ordinances being expre!.;:;ly incnrporated'arein by reference and being made a part of the agreement: as though written herein. (b) llµthority of City EnaLnaQrt ~nsp~+g_jgZ1_SO3^s _All~ Oran.;,s c7e: a11,d ContrgcCS Warranty. That all work on the Lmprovemc,nts shall be performed in a good and workmanlike manner and to Lho 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 perrormed, anti the interpretation of s~ecifieations. Guarantee for a period of one year from the date of final acceptance all work as called for in the specification and contract documents to be free from defect., in materials and workmanship. owner, contractor and their su.rnty as the case may be shall remedy any. such defects in materini!; aild workmanship and pay for any damage to the, work or to • othc>r w,;•k yuarantee for a period of one year from the data of I'innl n;cnl,t-,uic:o all work as called for in the specification and con!:.-aw, do :um.?nts to he rren from derc~ t:i in materials anti/or reellit: vs ~,Ohich shall. appear within one year from the date of • final mpir ion and acceptance by the city. • • ih I I i PAGE J 1 i • i i nnnozon the Contractor shall furnish tho city Engineer or his r.epri-sontotive with every reasonable facility for ascertaining wluithor or not the work performed was In accordance with the spv iric:ntirmis applicable thereto. Any work done or materials used without uuihable inspection by the City may be ordered removed and r,oplaced at Contractor's expense. The Owner, the Contractor and their surety on tho perfermahce bond shall and dd hereby warrant and gLIW-ont"o for a period of one year from the date of final acceptance all work as called for in the specification and contract documents to be free from defects in materials and workmanship. Owner, r-ontr•.ictor and thoir surety as the case may be shall remedy any such detects in materials and workmanship and pay for any damaryr. to the work or to other work or facilities which shall appear wihhin one yenr. from the date of final acceptance by the city. 'i,:ie city Engineer or his designee shall perform periodic ina,peutions of the work and shnll perform a final inspection prior to 04~i work hoinq turned over to the City and an inspection 30 days • prior th- expirntion of one year from the date of final Compint;Q11 ttnd acceptance of thn work by the city. Upon failure of Liar, r~:ra•'-.or to allow for inopeotion, to test mator.ials i furnis!•,~r1, r,~ satisfactorily repair, remove or roplacn, if so • dlrsctr'~, j:,e.t©d, unTUthorir,erl or conde.mnrd work or materials, or , • • to follow ani other request or order of the city Engineer or hl, i PACE 4 f 1 I • M hAA02nn'l ropronk+ntntivo, the City Engineer shall notify the owner of such fm Ilurv and m.ay suspend inspections of such work until such failure is remedied. If such failure is not remedied to the satisfaction of the city Engineer, the-city shall have no obligation under this aciree.mont to approve or accept the improvements. (r) Ittraurance. 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 ,gfa and Specification for iluY1..4__w41:kt;~~tl~t*'~Gtion North Central jq%AS., hs amended, the provisions or 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) Legans n Nethods oP Coma r~4tion. That the meano and methodtt of construction shall be such as Contractor may choose; subjr.ct, however, to the City's right to reject any improvementn for which the means or method of construction does not, in the .jttidgmen, of the City Engineer, assure that the improvements worn ronetLUCted in accordance with City specifications. • p) e~k.s ~n_ All or the owner's and the Cnnh.r.i r`oc's books and other records related to the pro)eOt. shall ha,ravallawn for inspection by the murdvipallty. ;t_tt*ra __.G9!Yn-4ntt; of Owner an Co tr~cj_o owner and • c:ontr.7r,':or, mul:ttally agree as follow. ! ! PACE 5 r: • nAA(12On ; i o ends That if building permits are to he isr:uod for the development prior to completion and acceptance of ill :lmprovr~wonts that are to be dedicated to the public, the foilowlii(I sr(,urity requirements shall apply: (i) The owner or Developer shall provide a performance bond in an amount not less than the amount necessary to complete the improvements, az. 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 In, accordance with Chapter 2253 of the Texas Government Code. The Owner and his Contractor shall assign any and all. rights in the bond to the City at the time the improvements are transferred to and accepted by the, City. (ii) If the cost of completing the improvements at the time building permits is an amount of $15,000 or less, as determined by the City Engineer, cafih money in the amount necessary to complete the improvements, as determined by the City Engineer, may be deposited with a bank or escrow agent pursuant to an escrow agreement ensuring comple.tiun of the improvements without exception, the City's escrow agreement form shall be used and tho escrow agreement shall remain in effect for one year from the date of final completion and acceptance of the work by the City. ~ _ac ,,le: _f inn-~YLnc-atz. [Thlc provision (c) applies i rbi ll,!ta).n ' only ,J}tyre I.ho Owner and contractor are not tha soma party.) That 1r r,,q.'t;rir.y for the faithful completion of tho Improvements, Conr.rnc',or end Owner atiree that the owner shall. retain ten percelit o! dol.iar amount of the contract price until after find r jpjo-ov,z; or acceptance of the impr.ovementr, by the City. The Owner j PAGE 6 t • r\nno:.t+u7 shall tlv?reafter pay the Contractor the retainage, only after Contractor has furnished to the Owner satisfactory evidence inr.ludinq owners affidavit that all indebtedness has been paid, that till indebtedness connected with the work and all sums of money duo for labor, materials, apparatus, fixtures or machinery furnished fr-;; and used in the performance of the work have been paid or otherwise satisfied, {r,) LLcumhr,Ucee, That upon completion and approval or acceptance ur tho improvements of the city, the Improvements shall become the property of the City free and clear of all lienr,, claims, c=harges or encumbrances of any kind. If, after acceptance of the improvements, any claim, lien, charge or encumbrance in made, or found to exist, against the improvements, or land dedicated to the City, to which they are affixed, the owner and Contractor shall upon notice by tho City promptly cause such claim lien, ah.ar(jo or encumbrance to be satisfied and released or promptly post- a bond with the City in the amount of such claim, lion, ch4irge or encumbrance, in favor of the City, to ensure p,nymnnt of n+cnh claim, lien, charge or encumbrance. (d} Ir ml?,.fi ac tiot). The Owner sliall and hereby dooft inrlrrmnii'y, clorend and save harmless, tho City, its orficorn, agents nn+.l empi~y+t from all suits, actions or claims of any charartnr, • name ,ur7 dca:•criptlcn brought for or on account of any in'luries or • • damagr.^, received er, suastalned by any person, persona or property on f PAGE 7 i • • 1 I l AAA02ob7 tc:count of tht operations of the Contractor, hin agents, employees or subaontrec:tors; or on account of any negligent act of fault of the r,,5ntr•ac1•or, his agents, employees or subcontractors in consotruction of the tmprovementa; and shall pay any judgment, with cor4ts, which may b? obtAfned against the city growing out of such Injury or damac;e• (r.) jlyreement Cor1t=11-ing. Thct 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. Z, Cove~Ir}t~ , of __QLtx. That, upon proper. completion of thF, Improvvm(Int in accordance with this agreement, the city agrees to accept the Improvements, 4. Vanlt~ _hltd GoveYning Law• The parties herein agree that this vontrzrt:.shaEl be enforceable in Denton County, Texas, And if legal. action ia; nPcessary in connection therewith, exclusive venue shall liaj in Dorton County, Texas. The terms and provisions of this cant;:.:'. sh•zll be construed in accordance with the laws and court. • dn, isir,,,;; crF the State or Texan. S. 1;111, 4^`t~,i?:_-a.!?U_&C ign,. Thle contract shall be binding upon ern.! inwo t. the benefit of the parties hereto, their r.n4poctivn ,ur: mac; ; ,rr ind assign, • • • PAGE 8 • _ • i AAen2bD7 Exo'cutod In tripliaatg ttiiS, 22 day or November 1996 I)WNFTt CONTRACTOR Harzell Ma acturIng, Inc. Lone Star Fire Sprinkler, Inc. ✓ , a5 , BY: pY: CITY OF DENTON, TEXAS BY: -:7 CITY MANAGER C~ ATTEST: J NIFET ALlCF.RS, CITY SECRETARY APPAOVGD AS TO LEGAL, FORM: HFRBF,'Rf L. L'ROUTY, CITY ATTORNEY BY: __vo~1L V~--~ i 1 PAGE 9 s ~ • i PROJECT NO. rseV coo rrRA(-V NO. Z PERFORMANCE BOND 1 T11F; (',11'[i of TEXAS 5 KNOW ALL MEN BY TNI:SF, PRESENTS., c.'OIJLITY )F DENTON 5 TF:1t__ LONE STAR FIRE SPRINKLER, INC. of TARRANT.County, Texas, hereinafter called Principal and CONTRACTORS BONDING AND INSURANCE rOMPANY.-_...._.__.----. a Cc lporatic-mn organized under the laws of the Stnte of WASHINGTON , - and ,•+ut:hori.•red to do business in the State of T+ xas, here naftc_x. ralled urrt.y", are held and firmly bound unto the City of Oanton, Tnxn:s, MI'tiioipal Corporation, in Denton County, Texas, hereinnafter City" in the penal sum of seventeen thousand seven hundred -------(~17;750.0O0 •~~e+~~ fife dollaca----------------------------------------------- Collar.';, la',~riul money of the United States, for the payment of which Mim executor.n, Fv3ministratora, and successors jointly eAnd oseverally, esul fIr-mly 1,y theoe presents: '111x., 0..wlition of this obligation is such that: Y11I111EAV, the Principal entered into a certain 9contract With Ovlnot, daLnoi -12_the day of I;s;npex p, rt~,rmance of which the City or DeNT011, Texas, has an inks r,'~.,{,•„ a ,-Opy of which is horato attached and made a part hereof, for t.h -',nntKuctior) of: • 400 LF. 8' Water Line (1) Fire Hydrant 5 Valve, (1) 8" Tee & Valve, Trenching Embedment, Backfilling and Testing :,IGREFORL, if the Principal shall well, truly, At'd • c. e'ause to he pertorm?a and fulfilled all, or t.h" • • a 1 inr• cuvunantr.•, terma, conditiorsm, .xnl agrecmmms of sat'' Cnc,rr;a, in .ZCCOrdanoe with the Plana, SpncificaLion:a, and Contra'': or without notice to tho surety, )i,,r„r° whi,lh rmny be granted, original FAGE ONE ~ 10 1 1 i 4 a and riisrittg the life of any guaranty required under the Contract, which i,h inc,->rporated, as if written word for word herein, and shall slot. wa] 1 %rid truly cause to be performed and fulfilled all th-:' cov?,n:1r:t,y, r.<:rms and conditions and agreements of any and all authorizcd r,~riifirationn of sa.ld Contract that may hay. Haft.e.r be male inclul•7in.1, ~-Without limitation, to remedy and pay for any defect:rs in ma t^,, ti.il arri workmanship or damage to other work or facilities whiCh shall, appear with-in one year from the date of final completion, not.i.c;r of %hi.ch mnd.i£icntions to the surety bring hereby waived; Lh,~ri thin ohl igation iahall be void; otherwise to remain in full f,arr9 and Ps:r.eCt. rRI>VIVI?0, f.urthe~e, that if. any legal action be filed on Hdr. i bond, vr!nue eha11 lie in Denton Count:y. ANN? th-tit said surety, for value received, hereby stipul;tte+ arrd agreen that no change, extension of time, alteration or addition tr, the terms Of Che. contract, or to the work performed thereunder, or r, he. Plan=, Specifications, Drawings, etc., accompanying the same rha11 i.n any wise affect its obligation on thin bond, alit{ ft daen hereby waive no!:ice 'of any such change, extension or time, nltoration or addition to the terms of the Contract, or to Ole work to be performed thereunder. IN W1'1' MSS W14EREOF, thiq instrument is executed in triplicate, each onn rj.f which c+halt he deemed an original, this the __2.2 day of. November. 96 SURE'rY PR7 tlt_:t r^AU Lone Star Fire Sprinkler, Inc. - Contractors Bonding and Insurance Company BY : l~{ R Y :S ' ATTORNEY • FACT otn7,.a gar Cathy Vin A'S'7'1•, . ~ 1iCI'F;: r" i4IEF Or A'l" OkNF,Y ON SURETY ttUS1' RE AI"PACs{EsD. UA'I"r OF BO~C> ;10'r PF PRIOR TO DATE OF CONTRAST DATES OF PO%E;R • i':"TC'!';h,Y C,ErITIFICATTON rtUS'I' NOT Tl;; PRIOR TO t?A'TR OV CONTRAt:•LOP' PAM, TWO ~a.«. a.~o,o.....~.. mom } .1 • • LY1e D POWER OF AtrOW*Y READ CAREFULLY CONTRACTORS 40111 ANO 0"AWk 001111 9 REEVONMt ONLY FOR THE 6OND MANIC AND UP YO THE AMOUNT SET FORTH IN This L11 iD POWER OF ATTORNEY. ANY ERASUPA WILL YOB 7M3 POWER Of ATTORNiY. IFYOU KAYE A NY OLINSTIONS AWn OR WANT TO KmrY tMIE POWER OF ATTORNEY CALL CCN1hI1AO103 EOMM AND INSURANCE CDMhLNY TOLL MRAT I(E009YB6.2I47: : . d No. W C 3 5 6 1 PendSum3 _$17) 750.00~' Annrr~ Nn. TX17A Poww No.03 9 8 2 3 1 17 2 2 / bon 9 6 Limited Power of Att Or aDi 26/2 /717 rel~ •~9~-- DANApproAw~ Approved IT. J. D. 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"revs, Pu'fderR Nlerc rk Feet OF WASHINGTON - COUNTY OF KING M 9/19/44,pawnsrYeppwred00NA10SIAKN,9TEYENA 6UNFS,CAMA.IWCVICKA md1 11.41470.19" AOwnb MIMCAMEeeaAwe Ofhcw,Pnedem.ChNFronaN ONrcw wd Yrte fhewdrl ' Moped{rots dlM awpwNnn NN eeaalNdlM lveq~nplmMd Noma NAreaneyeM etYnaNedyed erd Lmfd POww NANaneyhb Mfm eM wluMwy mlendba Nwid wryaNrI,NN MuM nd Fu'POw lonin n #MUned eM on *0 60ml that they In m Iwnwd to owaY fie wed tinted Pews N Altanee. - - - - - - - - - - - - - - - - - - - NWRN649 WIFREOF,IMwhweunl0 wf my nand rd my oRkielwN 'T y""0C above MAlwV. NOTA4; ' • SHIN C I • • S1AIE OF WAENINGION MOLLY A, HUWPETH My Appo"MW Explq JAN 0. 1997. No •--•.M ow M Of Weeehinpton~ drq M SrsSb The undwslgnaJ Wing under suftnly or lM Soerd of Modors or CCNTRAOTtIRESOtDP16 ANO NI PM COLP.W1. hei c"as, et 1h YwdCMiRafedMSACWwy dCONTRACTdM SOIDNG A!D NSIRIANCi COMMNY. MN Ie etrow and faepd Ip Ie o fuA hm end carrot n opy N lhocdgmN Powv of A" issued by mid CertpNry, end don horsey hefts teR1y red ft ad POW of ANnmey It Ml in forte and of O. arVINundermyhena Seattle, WA 0111 22 NOV H 96 doy of - ---1-Ot Cp'-----'-----'----°----• AI 0917911 • f Ac~ CERTIFICATE OF LIABILITY INSURANC ii 1PW9 +96 "N CERTMCATT Attoouean c. M MUMO AS AT ONLY AND CONFEM NO RIOHTS UPON THE CERTMICAT! ats Ins. Services, Ina. HOLDER TIM CERTIFICATE DOES NOT AMEND, EXTEND OR 100 mules ft., Suite 225 ALTER THEOoveRAOEAFFORDED6YTHEPOUCESSELOW. .art wortk Tx 76101 COMPANIES AFFOMXNO COVERAGE COMPANY -r,4n"_g,__ 617_7 0-0000 rm"817-74 =0166 A Valley forge Ins. Co. - MUM CO1oAHl 3 _ Transcontinental Insurance Co. Low Star rise Winkler, Inc. CO~ Attar Thi m wiaiagar C 7452 D"weed Park CCLrATM fort worth T= 76116 a 7HM IR TO 06"W THAT M FOUMS OF WNAU M UNM MEW W INVE K[N MWM TO M DOOM IMAM AMM FOR M POLICY FOOD WMATM. NOTRRTMTANDWa ANY MOMMIM I TT. TERM OR OONJ M ON ANY OONTMOT OR OTHER OOfMAiMIT MM MMPEOT TO WlM TM OEAM"T6 WY K MmAOOR ANY PMrAW,M M AROCE WOWEDEY TM POUOM DUORMM HEMW■ KANCT TO ALL M TWA, E%CLUMOIM AND COMT 0 4 OF SUCH POIACMa. LIM MIOWN WAY MAYS KEN ItMMM NY PAD CLAM, 00 Me or M uft"m rauoY $KAV R rouoy mprem t NDUDY LO(IMATTIM LAMt{ LTM DAM OWN" DART PODOPM emMRALUaAmY O6MmULAOORMATE 12, 000L000. A x oommoCM *wm#LLlA m" 31031220762 11/01/16 11/01/07 AROOtA,T{.cCA~FOVAOD { 1.L990 coo. MANN MOE Ex OCOLM MYNONAL{AMMAAtY {1,000,000. oLNMTA A COMTR/6IORa MY EACH OCp11111E'1LR 11~ o Go z 11000 tD Deduct F7wOAYAICK(WI 64 { 50,000, A Ix C02503 AOO M=CT W oFwvWw~ANOON t S-'00-0. AWYONCaaOUAav" 01031220750 11/01/06 11/01/07 COLMMEDMHaEILT L 500,000. A ALL OMMO AVMf NO i X 004M1AAD AVID{ % HAZED MRW m~ r PIK x MOwGWpMARM MAKW UMKM AUTO MY • PA AOCOM I Y AM OTHER THAN AVTO MY AN EACH ACCV00 I AoaRMATE { LAL11uTY EACH OOCUPPOWX { 1 000 000. aAOaEa A X uOLBlAPC 31]4!16517 11/01/04 11/01/07 AooRMArE 11,000,000. OTNaR TT{w uLwuA BORN I MaRLLaASasrraRALTnM A1M x mMLDYERM LYaLnv aGCHADCOW { Soo,ooo. s TMEpffisym x ACl NC103374SISS 11/01/66 11/01/67 ELOWL&M-HOULYLUT S 500,000. 3 0M%M DAAE, MCCL aONIAM.EAi-M;K t 5709 000. oTMm • ■ Lased er Vented 50131220176 11/01/66 11/01/07 150,000. Any 1 Item [quip from Othera 1260.00 D3DUCTISM 150,000. Any 1 occur CITY Of DzVM IS PAWED AS ADDITIONAL IMSURM • czRrIFaATr WWtM.GIN nwluruaraw , D6 MMI 00" AW OF Tu AWM DMORMM PQUVft M OMK&M EaraM TM • • ww"TAW Mq TlM ' RM MMAto OONMMY Mal SmaAYAtt To MAL .1q- EYE wRmr No"M To TIM oOMWATE MANN WAND TO RM LAK art. MHM TO NIL OWN MoROE go" 0 m No omMATtoM aR LUALITY CI Ty or D321TON a AMY tee UF= R{I , Tn AOMn alt MM.- ITAT1YMA 221 N. 3LM S"MT A DwA" Tx 76201 +s ACM 364 (IN iAt:M 00M"ATM Wlb • LONE STAR FIRE SPRINKLER, INC. SCR-0333 November 22, 1996 D/B Constructors, Inc. 2400 Great Southwest Pkwy. Fort Worth, Tx. 76106 Attention: Mr. Bob Mumme Re: Hartzell Manufacturing, Inc. Worthington Dr. Denton, Tx. Dear Sir, We are pleased to offer our quotation for the installation of the fire hydrant line at the above referenced project. Our price is based on the following costs, scope of work and exclusions. A. COSTS: 1. Underground Fire Hydrant Line - $ 17,750.00 B. SCOPE. OF WORK: 1. Provide and install the 8" underground fire hydrant line starting from the property line. Work includes installing approximately 400 If. of 8" dr. 14 pvc pipe, (1) 8" mj tee and valve to supply the fire sprinkler line, (1) 8" tee and valve to supply the fire hydrant, (1) fire hydrant, trenching, embedment, backfilling and hydrostatic testing, all inaccordance with NFPA 24 and the City Of Denton Public Works. 'fhe Development Bond, Performance Bond and Inspection roe are included in this proposal. • Cost for the City OF Denton Public Service to provide the 8" water service to property line is not included in this quotation. I 1 If you have any questions, please give me a call. { Sincerley, Thomas Winingar ' 7452 Dogwood Park, Fort Worth, Toxas 76118 817.595.1440 • Melro 817-589.2526 • Fax 817-595-1441 ,.t X.. t 7., it Y , IL mor r °I I • I u ' _ .r,s x:{~atuh, `~.,r.t ~v~S7t~la~.4'~?~orK~~fi~k'h",4tbdti!yrid~rE~4Y`'964t'YXvI:~AIYCY.t~,tt1~~ , . v,••..,....; O COD s o a a o ~a h Deg ~^O" i i i i j i .5 r .~a..,...niw ............-~w+... ?~'.,.'~r. - 54 ~Y ~S~ 52`E lv{: Stt C~ r,l ~C. r;. AM02007 PROJECT NO. 12_G7 CONTRACT NO. 3~U THE STATE OF TEXAS S DEVELOPMENT CONTRACT COUNTY OF DENTON S Whereas, 6,zlf Li'r✓~.J hereafter referred to as "Owner," whose business address is _ l~,> J7~~J 1`~r►c lL1D~ , ~?S" CAr~ol! s',,Ir /Dl to 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 in accordance with Section 212.071 of the Local Government Code 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 construct3d 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 PAGE 1 77 t • AAA020D7 which case the provisions of this contract which refer to "Owner" ur ''Contractor" shall mean the Owner as named above; or Q Whereas, the owner elects to make such improvements hereafter set forth by contracting with whose business address is hereafter referred to as "Contractor"; and whereas, owner and Contractor recognize that the City has an interest in ensuring that the Improvements subject to this agreement, which will, upon completion and acceptance by ~.he City, become public property, are properly constructed in accord&ics with the City's specifications and that payment is made theref,)r; 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 f_Contractor. Contractor agrees as follows: • (a) ggegi_f cations. To construct and install the • • Improvements in accordance with the procedures, specifications and standards contained in Division II and III of the City's Standard PAGE 2 • • AM02De7 Specifications for Public Works Construe&ion. North Central Texas, as amenued, 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 Enainger, Inspections. Tests and Orders Owner and Contractors Warranty. 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. Guarantee for a period of one year from the date of final acceptance all work as called for in the specification and co,,itract documents to be free from defects in materials and workmanship. Owner, contractor and their surety as the case may be shall remedy any such defects in materials and workmanship and pay for any damage to the work or to • other work guarantee for a period of one year from the date of final acceptance all work as called for in the specification and contract documents to be free from defects in materials and/or • facilities which shall appear within one year from the date of • • final completion and acceptance by the City. PACE 3 • I / AAAOZaa? 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. The Owner, the Contractor and their surety on the -3rformance bond shall and do hereby warrant and guarantee for a period of one year from the date of final acceptance all work as called for in the specification and contract documents to be free from defects in materials and workmanship. Owner, contractor and their surety as the case may be shall remedy any such defects in materials and workmanship and pay for any damage to the work or to other work or facilities which shall appear within one year from the date of final acceptance by the City. The City Engineer or his designee shall perform periodic inspections of the work and shall perform a final inspection prior to the work being turned over to the City and an inspection 30 days prior to the expiration of one year from the date of final completion and acceptance of the work by the City. Upon failure of the Contractor to allow for inspection, to tent materials 0 furnished, to satisfactorily repair, remove or replace, if so ~ r • directed, rejected, unauthorized or condemned work or materials, or to follow any other request or order of the City Engineer or his PAGE 4 j • AM02DD7 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 Ord Specifications o aUblic 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. (e) Hooks and Records. All of the Owner's and the Contractor's books and other records related to the project shall be available for inspection by the municipality. • 2. Mutual Covenants of Owner and Contractor. Owner and Contractor mutually agree as followst PAGE 5 li • AAA02DD7 (a) performance Honda. 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: (i) The owner or Developer shall provide 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 in accordance with Chapter 2253 of the Texas Government Coda. The owner and his Contractor shall assign any and all rights in the bond to the City at the time the improvements are transferred to and accepted by the City. (ii) If the cost of completing the improvements at the time building permits is an amc,ant of $15,000 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 or escrow agent pursuant to an escrow agreement ensuring completion of the improvements without exception, the City's escrow agreement form shall be used and the escrow agreement shall rerain in effect for one year from the date of final completion and acceptance of the work by the City. {b} g@tainaae: Final Payments. [This provision (c) applies only where the owner and Contractor are not the same party.] That as security for the faithful completion of the Improvements, • Contractor and Owner agree that the owner shall retain ten percent • • of the total dollar amount of the contract price until after final approval or acceptance of the improvements by the City. The Owner PAGE 6 i • J i AAA02DD7 / shall thereafter pay the Contractor the retainage, only after Contractor has furnished to the owner satisfactory evidence including owners affidavit that all indebtedness has been paid, 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. (c) Encumbrances. That upon completion and approval or acceptance of the improvements of the City, the improvements shall become the property of the city free and clear of all .liens, claims, charges or encumbrances of any kind. If, after acceptance of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the Improvements, or land dedicated to the City, to which they are affixed, the Owner and Contractor Ehall 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 ensure • payment of such claim, lien, charge or encumbrance. (d) Indemnification. The owner shall and hereby does 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 PAGE 7 • i • _ i i AAA02DD7 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. (e) 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. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. 1, Venue and Govegning 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 I contract shall be construed in accordance with the laws and court decisions of the State of Texas. g, Successor and Assianss. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective • successors and assigns. PAGE 8 i I MA02=7 Executed in triplicate this, day of //1ee - OWNER CONTRACTOR BYS ' BY: CITY OF DENTON, TEXAS BY: CITY MANAGER ATTESTS 4ft*~AITERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY s /%'KCrfI~~E i ~Lt P I~ i i i PAGE 9 e _ ~ , n ;,f rµ`y S,r`yr ~i4~'t3 1,,I rte' r +.ir. • PROJECT NO. 1 CONTRACT NO. ~ THE STATE OF TEXAS § ESCROw AGREEMENT IN LIEU OF CITY OF DENTON § PERFORMANCE BOND (Development Contract-Improvements of $15,000 or Less) WHEREAS, L1~;lc L i>l,i~,J hereafter referred to as "Owner", has undertaken to develop property within the city of Denton, Texas, or it's 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 "Improve- ments", 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, • whers the cost of the Improvements is $15,000 or less, instead 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 • compl-ation of said Improvements, and to fully protect the City against defects in materials and workmanship; f PAU 1 JI 1 I I NOW, THEREFORE, OWNER, City and F-1 /',f I_ ,ST.s r> 15rf C hereafter called "Escrow Agent", agree as follows: r 1. Amount. Owner, as a condition to receiving building permits for property located at L~~7 d r 12146' s / ✓~O^' Xr shall deposit the sum of we 1_/ =r ' 111!/1-Srel G2 /y I ) , 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, and to fully protect the City against defects in materials and workmanship; said improvements being more particularly described in that certain development contract dated the lr day of L£CeV o,"6eg 19 l between the City, Owner and Owner's Contractor, to which reference is made herein. 2. Notice of neoosit. 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. f 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 of all the I escrowed funds when all improvements are completed and approved in accordanc(:with provisions of the development contract and after one year has expired from the date of 0 final completion and acceptance of the work by the City and no defects in materials and workmanship have been discovered; the determination of which shall be made by the city Engineer whose judgment shall be binding on all i ASE0096A PAGE 2 I i AMP i • II i 1 parties hereto. (b) The City Engineer shall inform the escrow agent, in writing, with a copy to the Owner, that the owner is in default under his Development Contract with the City by either failing to complete the improvements in accordance with the terms and conditions of the Development Contract or that the City Engineer has determined that there are defects in materials and workmanship in the improvements. Whereupon, the escrow agent will immediately, without further demand, claim, or notice, release t,) the City through the City Engineer, the amount neeesnary, as specified by the City Engineer, to remedy the default. 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: Senior Civil Engineer City of Denton 221 N. Elm Denton, TX ~76201 OWNER: ESCROW AGENT: / S/7~ S t.4 +C1~,/~ 4. Fees. Owner agrees to pay any and all fees or costs charged by the Escrow Agent in connection with this agreement. 5. Nonliability Uf 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 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 I PAGS d AM OM r • s 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 :ie 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 include the subscrib- ers) , 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 jurisdiction, an order binding all parties interested in the matter. 6. QuQces ra and Asaicns. 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. IN WITNESS WHEREOF, the said City, owner, nd Escrow Agent have signed this instrument this _41 day oft"' 19 CITY OF DENTON OWNER BY: BY. • • ESCRO AG BY: PAGE 4 AEE0076A I • p I1 tiI f 0SIRAVI 1(iC} di', .:)93An ? ^ _:L41 TS ICATE OF UABILFUY INSURANCE AI1? 9 7) I 09-96 ►NOCUIL'1 I'HiS CCFiTIMCAM 6 1'4100 AS A MATTf'R GP INFOAMATION I, ONLY ANO CLINFERS NO NIGHTS UPON THL CERTIFICATE 1WLDFn. IHIS CER11F'ICAIE DOE; NOT AMEND, EXTEND OR Al7F.rf THE COVFRAOL Arrokmo HY THE POLIC9FS BELOW. 14 2 r ) •ultP -100 COMPANILSAFl011DIN000VEHAGE JAI'1{HJ1. rill, il, 1''I1 ,.r1110, A Trlr11l. ':r' fCi;'. InSUI'lrlcl` I'i. JhsUNCU .ILqI IL+ lr;i'r +Ir i i!'AIII U (.I'I JY: ) t)'IV:I. 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