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1996 WATER MAIN COST PARTICIPATION
CITY AND AMERCO REAL ESTATE COMPANY
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THE STATE OF TEXAS § WATER MAIN COST PARTICIPATION
AGREEM[NNT BETWEEN THE CITY OF
DENTON AND AMERCO REAL ESTATE
COUNTY OF DENTON § COMPANY,
WHEREAS, Amerco Real R%tatc Company, hereafter refereed to as "Developer," whose
business address is 2721 North Central Avenue, Phoenix, AZ 85004, wishes to develop and
improve certain real property named Green House Addition (attached hereto and Incorporated
herein by reference), located in the City of Denton, Texas or its extrat.:rritorial jurisdiction and
is required to provide such property with adequate water capacity by designing, constructing and
installing a water main of a minimum inside diameter of eight inches (8"), hereafter referred to
as "required facilities"; and
WHEREAS, the City of Demon, Texas, a municipal corporation located at 215 East
McKinney, Denton, Texas, 7601, hereafter .1'etred to as "City," in accordance with its
ordinances, wishes to participate in the cost of the construction and installation of said water
main to provide for an "oversized" water main to expand its utility system and insure adequate
utility service to other customers;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, Developer and City agree as follows: l
1. Developer shall design, install and construct a (12") water main and all necessary
appurtenances thereto, hereafter refereed to as "oversized facilities", located as shown on Exhibit
1, attached hereto and incorporated herein by reference.
2. As required by Chapter 34 of the Code of Ordinances of City of Denton, Texas,
Developer shall enter into a Development Contract prior to beginning construction of the
oversized facilities, This Development Contract shall he in substantially the same form as the
Development Contract attached hereto as ry.hihit Il and incorporated herein by reference. 'this
Agreement shall be subject to and govemea by the Development Contract and any other applica-
• ble ordinances of City.
3. Prior to beginning construction of the oversized facilities, Developer shall obtain, at
Developer's sole cost and expense, all necessary permits, licenses and easements, The
casements, deeds and plats therefor obtained by Developer shall be reviewed and approved as
to form and substance by City prior to the beginning of construction. If Developer is unable to
acquire needed easements, Developer shall provide City wlth any requested documentation of
• efforts to obtain such easements, including evidence of negotiations and reasonable offers made •
to the affected properly owners. Any easements for the oversized facilities obtained by the
Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the
STATER MAIN PARTICIPATION AGAEEMENI / AMERCO REAL ESTATE COMPANY
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oversized facilities, and Developer warrants clear title to such easements and will defend City
against any adverse claim made against such title.
4. City's share in the cost of hie oversized facilities, based upon the difference In the
cost of installing required facilities, as determined by City, and the cost of the oversized
facilities, as determined by City, shall not be In an amount not to exceed Eight Thousand Six
Hundred Twenty Five Dollars and No Cents ($8,625,00), City may elect one of the following
methods to determine the City's share of the cost:
a) The Developer shall prepare plans and specifications and furnish
them to the City. City shall competitively bid the required line
and the oversized facilities in accordance with Chapter 252 of the
Local Government Code. The difference in the bids shall be used
to detennine the City's share, subject to the City's maximum
participation in cost as specified in this Agreement; or
b) The Developer shall prepare plans and specifications and take bids
on the required line and the oversized facilities. City shall pay
Developer the least amount of the following:
(1) :she difference in the bids for the required line and
the oversized facilities;
(2) Thirty percent of the bid on the oversized facility,
as provided for in Section 212.072 of the Local
Government Code; or
(3) $8,625,00, the maximum participation cost allowed
herein.
City shall not, in any case, be liable for any additional cost because of delays in beginning,
continuing or completing construction; changes In the price or cost of materials, supplies, or
labor; unforeseen or unanticipated cost because of topography, loll, subsurface, or other site
conditions; differences in the calculated and actual per linear feet of pipe or materials needed
for the oversized facilities; Developer's decision as to the contractors or subcontractors used to
perform the work; or auy other reason or cause, specified or unspecified, relating to the con-
struction of the oversized facilities.
5. Within thirty (30) days of the acceptance of the facilities by City, Developer shall
submit to the City's Director of Utilities the actual cost of the ovorsiud facilities. Should the
actual cost of the oversized facilities be less than the cost on which City's share was determined,
City's share of the cost shall be reduced proportionally, on a per linear foot basis, based upon
the difference of the actual cost of the oversized facilities and the determined cost for required
WATER MAIN PARTICIPATION AGREEIENr / AMERCe REAL ESTATE C9MPANY
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facilities. To determine the actual cost of the oversized facilities, City shall have the. right to
inspect any and all records of Developer, his agents, employees, contractors or subcontractors E
and shall have the right to require Developer to summit any necessary information, documents,
invoices, receipts or other records to verify the actual cost of the oversized facilities.
6. Within sixty (69) days of the date the Developer submits satisfactory documentation
of the actual cost of the oversized facilities, as determined by City, City shall pay to Developer
its share of the cost thoreof.
menu or communications to be given or made to this
7. All notices, pay pursuant I
Agreement by the parties hereto, shall be sent to Developer at the business address given kbove
and to the Director of Utilities for the City at the address given above.
8. Developer shall indemnify and hold City harmless from any and all claims, damages,
loss or liability of any kind whatsoever, by reason of injury to property or person occasioned
by any act or omission, Neglect or wrongdoing of Developer, its off"rcers, agents, employees,
invitees, contractors or other persons with regard to the performance of this Agreement, and
Developer will, at its own cost and expense, defend and protect City against any and all such
claims and demands.
9. If Developer does not begin substantial construction of tho oversized facilities within
twelve (12) months of the effective date of this Agreement, this Agreement shall terminate.
10. This instrument embodies the whole Agreement of the parties hereto and there are
no promises, terms, conditions or obligations other than those contained or Incorporated herein.
This Agreement shall supersede all previous communications, representations or Agreements,
either verbal or written, between the parties hereto.
11. This Agreement shall not be assigned by Developer without the express written
consent of City.
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12. Any and all suits for any breach of this contract, or any other suit pertaining to or
arising out of [his Agreement, shall be brought and maintained in a court of competent jurlsdlc-
tion In Denton county, Texas. 11
Executed this the ZE day of 19. 9~.
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WATER AA14 PARTICIPATION AOREEMENr / WACO REAL ESTATE CONPANY
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AMERCO REAL ESTATE COMPANY
DEVELOPER
BY:
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ATTEST:
CITY OF DENTON
Bt: _
ATT RST:
JENNIFER WALTERS, CI'T'Y SECRETARY
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APPROVED AS TO LEGAL FORM;
HERBERT PROUTY, CITY ATTORNEY
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CiVWPI)OCSW {I
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VATER MAIN PARTICIPATION AGREEMENT / AMERCO REAL ESTATE COMPANY
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EXHIBIT I
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U-HAUL PROJECT
AMERCO REAL ESTATE CO. N
7GREENHOUSE ADDITION
4W1. S
SITE
PROPOSED 675' OF 12" WL j
s OVERSIZED 12" WA'I'F;
LINE, r ~.~.r !I
200 0 200 400 800 Feet
UAG0D97 C
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pROJECT NO.
CONTRACT N0.
THE STATE OF TEXAS S Lnp C0 I
COUNTY Or DENTON S II
Whereas,
hereafter referred to as "Owner," whose business address is
,
is the owner of real property located in the Corporate limits of
the City of Denton, or its extraterritorial jurisdiction; and
Whereas, owner wishes to develop the property 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 followed
Whereas, the owner elects to construct the improvements
r without contracting with another party as prime contractor, its
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which case the provisions of this contract which refer to "Owner"
or "Contractor" shall mean the owner as named above;'or
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Whereas, the owner elects to make such Improvements hereafter
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set forth by contracting with
_ whose business address is
hereafter
referred to as "Contractor"; and
Whereas, owner and Contractor recognize that the City has an
interest in ensuring that the Improvements subject to this
agreement, which will, upon completion and acceptance by the City,
become public property, are properly constructed in accordance with 1
the City's specifications and that payment is made therefor;
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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{
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the owner, Contractor and City, in conside:-ation of their mutual
promises and covenar•ts contained herein, agree as follows
1. Covenants of Contractor. Contrattor agrees as follows:
. (a) specifications. To construct and install the
Improvements in accordance with the procedures, specifications and
standards contained in Division 11 and III of the Citv0s standard
9necifications for Public Works construction, NQXrp,_C a ral ~uua,
as amended, and all addenduus thereto, and all other regulations,
` ordinances or specifications applicable to such improvements, such
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specifications, standards, regulations and ordinances being
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expressly incorporated herein by reference and being made a part of
the agreement as though written herein.
(b) Authority of City En ineeri rns2ec4ipns Tests and
Orders. That all work nn the rmprovemants 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 aecardanee 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 havb no
obligation under this agreement to approve or accept the
Improvements.
PACE 7
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(c) Insurance. To rrovide for insurance in accordance with i
the insurance requirements applicable to contractors as provided li
for in Item 1.26 of Division I of the
pl{blic Works Constru cti n North CentraJ sAXAm, a■ amended, the
provisions of which are expressly itcorporated herein by reference;
provided, however, for purpose of this provision only, "owner," as
used therein, shall mean the City of Denton.
(d) means and Mathoda of Gonat_ GJJ0. That the means and y
methods of construction shall be such as Contractor my choose;
subject, however, to t:he City's right to reject any Imp-avemants
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. tual Covenants yf owner and Contractor, owner and
Contractor sucually agree as follows:
(a) performance Bonds: Eaarow Aareanant. That if building
peLsits 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 eomplstion of
the Improvements meeting the specifications of the
• City, shall be in favor of the City, and shall be •
executed by a surety cnapany suthorised to do
business in the State of Texas) or,
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(iij if the cost of completing the Improvements, at the
time building permits are requested, is in an
amount of $50,000 or lass, as determined by the
City Engineer, cash money in the amount necessary
to complete the Improvemanta, 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
b4i used.
(b) Payment Hand: 1lasuransa of Payment. That prior to
acceptance or the Improvements:
(i) a payment bond will be furnished in an amount not
less than one hundred percent (loot) of the
approximate total coat of the contract cost or 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 shell be
executed by an approved surety company authorized
to do business in the State of Taxasj or,
{11) if the total contract amount of all improvements is
$60, c'; o or less, as determinist by the City
Engineer, nr the Improvements, regardless of the
contrecl. a,raur~s:, are for a *one !.at development,"
as daC.lnnr4 by c'1;•y's pevalopsiant Cade, and a
payment bani has rich been submitted in accordance
with (t) al,ave, )+nsr and Contractor agree and
quarantce that any .ind all debts due to any parson,
firm or G.-,>r~cuatl.on having furnished labor,
material or Fr.)th in the construction of the
Improvements shall km fully paid ■nd satisfied
before acceptance of the Improvements by the City
and that prior to acceptaince of the Improvements,
the Owner and Contractor shall furnish a written
affidavit, in a fora provided by Ene City Engineer,
• stating that all bids, charger, accounts or claims
for labor performed and material furnished in
connection with the construction or the
Improvements have been paid in full and that there
are no unreleased recorded liens riled against the I
Nprovements. or land to which they are affixed,
• that are to Le dedicated to the public. '
That, upon the req»est of the City Engineer, owner
or Contractor shall furnish a couplets list of all
suk+aontractors who performed labor on, or supplied
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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.
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(c) gstainaae• Final ZAyX&M d. (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 Cvner 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 Ownar ~
shall thereafter pay the Contractor thu ratainage, only after
Contractor has furnished to the owner aatisfaotory evidence that
All indebtedness connected with the work %nd 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
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otherwise satisfied,
(d) EngAMbt3aM. 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, lion, charge or ancuabranee is
• made, or found to exist, against the Improvements, or land
dedicated to the City, to which they are affi%ed, the owner and
Contractor shall upon notice by the City promptly cause such claim
lien, charge or encumbrance to be satisfied and released or
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promptly post a bond with the City in the amount of such claim,
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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
fors and subatancs acceptable to the City, in the amount of ten
percent (101) of the contract amount of the Isprovessats, insuring
the repair and replacement of all defects due to faulty satrrial
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.
ienaWration. 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
subcontractorsl or on account of any negligent act of fault of the
Contractor, his agents, employees or subcontractors in construction
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of the improvements; and shall pay any judgment, with costs, which
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may be obtained against the City growing out of such injury or
damage.
(q) Aaremant Controll.inc, That the provision of this
agreement shall control over any conflicting provision of any
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contract between the Owner and Contractor as to the construction of
the Improvements.
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1. Occunancy: one Lot Dayalo aunts. Owner further agrees as
lollowsl
(a) That Owner will not allow any purchasers, lessee, or
other person to occupy any buildinq within the devoiopment until
all Improvements are completed and accepted by the City, and that
upon violation thereof will pay the City $7,000.00 as liquidated
damages, but such payment shall not be deemed approval of such
occupancy and the City say take whatever action necessary to
restrain such occupancy.
(b) That if this contract applies to a "one lot E
development," as defined by City0s Development Code, and no
performance or payment bond was required or submitted for the
improvements that are to be dedicated to the public, the owner
shall not be issued a Certificate of occupancy for any building
constructed or located therein until all required public
improvements have been completed and accepted in accordance with
this contract.
4. Covenants of City. That, upon proper completion of the
! Improvements in accordance with this a4reeaenx, the City agrees to
A accept the Iaprovements.
5. gjnUe and Govaraina taw. The parties herein agree that this
contract shall be enforceable in Denton County, Texas, and if legal
action is necessary in connection therewith, exclusive venua shall
A lie in Denton County, Texas. The torso and provisions of this A
contract shall be construed in accordance with the taws and court
decisions of the State o1 Texas.
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6. sucnssror and Asians. 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 19--•
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OWNER COWTRA~ 'TOR
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aY: BY:
tCITY OF Dom, TEXAS
ax:
CITY MANAGER
ATTEST:
JUNIPER NALTERD, CITY SECRETARY
APPROM AS TO LEGAL PORN:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
bY:
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AAA019DE
PROTECT NO,
CONTRACT NO.
PERPORKANCE 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 organised under the laws of the State of
and authorized to do business in the State of Texan, arminattar
called "Surety", are held and firmly bound unto the City of Denton,
Texas, a Municipal Corporation, in Denton County, Texas,
hereinafter called "City" in thr, penal sum of
rs ~
Dollars, lawful money of the united Stites, for ti,e payasnt of F
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:
i
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 perfor mance of which the y o en on, Texas, has an
interest, a copy of which is herato'attached and made a part
hereof, for the-construction of:
A
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NOW, THEREFORE, if the Principal shall well, truly, '.and.
A faithfully cause to be performed and fulfilled all of the A
undertakings, covenants, terms, conditions, and agr@,ments of "id
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 At
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and during the life of an
any quaranty,.,required under'tZSi Contract,
and shall also wall 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
besade, notice of which modifications to the surety being hereby
waived; then this obligation shall be void; otherwise to remain in
lull force and effect.
PROVIDEC, further, that it any legal action be filed on this
bond, venue shall lie in Denton County.
c AND, that said surety, for value received, heraby stipulates
and agrws that no change, extension of tins, alteration or
addition to the terse of the contract, or to the work performed
thereunder, or the Plans, Specifications, Drawings, eto.,
accompanying the same shall in anywise affect Its obligation on
this bond, and it does hereby wive notice of any such ohango,
extension of time, alteration or addition to the terns of the
Contract, or to the work to be performed thereunder.
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IN WIT9E88 WHEREOP, this instrument is executed in triplicate,
each one of which shall be deemed an original, this the day
, 19
PRINCIPAL SURETY
BYt BY:
ATTORNEY-IN-FACT
ATTESTS
SECRETARY
'Ili
NOTE., POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND
NVST NOT SE PRIOR TO DATE OF CONTRACT.
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AAA019DF
PROJECT NO.
CONTRACT N0.
PAYMENT BOND
t
THE STATE OF TLXA9 S
COUNTY OF DEHTON $ I!
THAT
of County, Texas, hereinafter called principal and
a Corporation organized under the laws of the state of
and authorised to do business in the State of Taxes, here na er
called "Surety", are held and firmly bound unto the City of Denton,
Texas, a Municipal Corporation, 4n Denton County, aexas,
hereinafter called "city", and unto all parsons, firms and
corporations who may furnish materials for or perform labor upon
the buildings, structures or improveawnts referred to in the
attached contract, in the penal sum of
1S ) Dollars, lawful money of the United Statsm,
to be paid in Denton, Denton County, Texas, for the payment of
which sum well and truly to be made we bind ourselves, our heirs,
executors, administrators, and successors, jointly and severally.
THE Condition of this obligation is such that:
• WHEREAS, the Principal entered into a certain contract with
owner, dated the day of , 19 , in the
proper performance o which the City o Denton, exam, has an
interest, a copy of which is hereto attached and made a part
hereof, for the construction of:
PACR ONE
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NOW, THEREFORE, if the principal shall we}l..-truly, and
faithfully cause to be performed 16 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 said
contract and any and all duly authoritod modification of said
Contract that may hereafter be sad*, notice of which modification
of the surety is hereby expressly waived, than this obligation
shall be voids 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.
s' AND TKAT said Surety for value received hereby stipulates and
agrow 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
sha11 in anywise affect its obligation on this bond, and it does
haroby waive notice of any such changs, extension of tire,
altercation or addition to the tars of the Contrast, or to the work
to bw perfora W thereunder.
IN WITNESS NUOP, this instrument is executed in triplicats,
each one of which shall be dossed an original, this the day
of
PRINCIPAL SURM
BY: _ BY:
ATTORNEY-IN-PACT
ATTEST:
NOTE: BATE OF PAYMENT BOND MUST NOT BE PRIOR To DATE OF CONTRACT.
f,
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AAA0190
PROJECT' NO.
CONTRACT NO j
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CONTRACTORPS MAINTENANCE BOND
(DEVELOPMENT CONTRACT)
THE STATE OF TEXAS S
RfOW ALL MEN BY THEBE PRESENTSt
COUNTY OF DEIITOM S
That
of County, Texas, hereinafter called principal and
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 ur.tc the City of Denton,
Texas, a Municipal Corporation, in Denton County, Texas, hereinafter
celled "City" in the penal sum of
_ _ (8 1
Dollars, lawful money of the United States, the said sum being ten
percent (101) of the total amount of the hereinafter mentioned
contract, for the payment of which sum well and truly to be made we
bind ourselves, our heirs, executors, administrators, and
successors, jointly and severally. I
0 THE Condition of this Obligation is such thati
WHEREAS, the Principal entered into a certain contract with
owner, dated the day of , 19 , in the
proper perforsance~~xhich the Ci y o Denton, Texas, has an
interest, a copy of which is hereto attached and sada a part hereof,
for the construction of:
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NOM, 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, breakinq, cracking or other defective
condition of any of the work or part thereof arising from improper
excavation, baokfilling, compacting or any other cause cr ocndition,
known or unknown, at any tine dwinq the period of this bond, which
the city engineer, whose judgsrnt shall be final and conclusive,
detarmines to be the result of defective work, materlele or labor;
than this obligation shall be void, otherwise to remain in full
force and offset.
In caw the said Principal shall fail to maintain, repair or
reconstruct any defective oonditton of the work as deterairNd
herein, it is agreed that the City shay do said work and ewpply such
materials as necessary and charge the oum 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 saccessive recoveries
may be had hereon for successive bresches 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 raid maintenance
period, and this same shall not be charged, diminished, or in any
manner affected from any cause during said time.
PRoVrDEA, further, that if any legal action be filed an this
bond, venue shall lie in Denton County.
IN WITNESS WHEREOF, this instrument is executed in triplicate,
each one of which shall be deemed an original, this the day
fir of 19 °
PRINCIPAL SUkM i
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PAGE TWO
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I NOTEt POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BM
MUST NOT BE CRIOR TO DATE OF COWMCT.
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AAA019DF
Prdjict No.
Contract No.
OWNER'S AND CONTRACTOR'S AFFIDAVIT OF
PAYXEWT OF LABOR AND MATERIAL FOR rMPROVENZWTS
This fora may be used in lieu of a payment bond on contracts of
x500000 or loss as provided for in Chapt. II, art. 1.07 (A)(4)(9)
of Appendix A of the Co(k, of ordinances.)
That, pursuant to the provisions of that cr+,:ain Development
Contract
day of entered into on the -,,aesignated therein l
between irreTio
herein as , , designated therein and
referred to harsin as nUinUs-ator", a s City of Denton, Tex";
Owns and Contractor hereby submit this affidavit, and stata, under
oath, abe followings
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, liana, or en0umbrances
existing against said Improvements, or the land to which
,they are affixed.
OWNER CONTRACTOR
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SUBSCRIBED AND SWORN TO BEFORE KE this day of
, as Owner.
19-4 by
AR L C, A o
SUBSCRIBED AND SWORN TO BEFORE RE this day of
19by as Contraaor.
OMY P L ,
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