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1996 WATER MAIN COST PARTICIPATION I
CITY AND CESSCO RENTAL, dt SALES, INC.
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TEE STATE OF TEX" 5 WAT►:R MAIN COST PARTICIPATION
AORxEMENT BETWEEN THE CITY OF
COUNTY OF DENTON 5 DENTON AND Casco RENTAL i SALES,
INC.
WHEREAS, CESSCO RENTAL & SALES, INC. hereafter referred to as
"Developer," whose business address is 703 E. Scott, Wichita
Falls, Texas 76301, wishes to develop and improve certain real
property named CESSCO Addition (as shown in Exhibit I, attached
hereto and incorporated h?rein by reference), located In the City
of Denton, Texa,, or its extraterritorial jurisdiction, and is
required to provide such property with adequate collection 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 Denton, Texas, e, miniaipal corporation
located at 215 East McKinney, Denton, Teyss 7621A, hereafter
referred to ac "City," in accordance with itEJ ordinances, wishes to
participate in the cost of the construct) nn and installation of
said ws'_ur main to provide for an "oversized" water main to expand
its utility system and insure adequate utility service to other
customers;
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q'OW, THEREFORE, in conaideratinn ui the mutual promised and
covenants contained herein, Developer and city agree as foll.)ws:
? M_%lelcper sh-`.l d-sign, install and constr ict n twelvo in-
c'1 i+2') water rain and all necessary appurtenances thereto,
hf fter raf::rred to as "oversized facilities,", located as shown
..T, Exhibit I, attached hereto and Incorporated herein by reference.
2. As required by Chapter 34 of the Code of ordinances of
City -if Denton, Texas, Developer has entered into a Development
Contract prior to beginning construction of the oversized facili-
ties. This Development Contrac` Is attached hereto as Exhibit II
and incorporated herein by reference. This Agreement is subject to
and governed by this Develonrent Contract and tiny other applicable
! ordinances of city.
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3. Prior to beginning construction of the oversized facili-
ties, Developer shall obtain, at Developer's sole cost an•1 Fyvense,
all necessary permits, licenses and easements. The easements,
deeds and plats therefor obtained by Developer shall be reviewed
and approv3d as to form and substance by City prior to the begin-
ping of construction. If Developer Is unable to acquire needed r
easements, Developer shall provide City with any requested documen-
tation of efforts to obtain such easements, including evidence of
negotiations and reasonable offers made to the affected property
owners. Any easements for the oversized facilities obtained by the
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WATER PL, IN PAATICIPAlION AGREEMENT / LESSLO RENTAL R SALES, INC. PAGE I
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Developer shall be assigned to City, if not taken in City's name,
prior to acceptance of the oversized facilities, and Developer war-
rants 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 the 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 be in an amount not to
exceed Four Thousand Two Hundred-Sixteen Dollars and no Cents
($4,216.00). City may elect one of the following methods to de-
termine City's share of the c-)st:
a). Developer shall prepare plans and specifications
and furnish them to City. City shall competitively
bid the required line and the oversized facilities
in accordance with Chapter 252 of the Texas Local
Government. Code. The difference in the bids shall
be used to determine City's share, subject to
City's maximum participation in cost as specified
in this Agreement; or
b) Developer shall prepare plans and specifications
and take bids on the required lira and the over-
sized facilities. City shall pay Developer the
least amount of the following:
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(1) The difference iLT the bids for the required
line and the oversized facilities;
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(2) Thirty percent of the bid on the oversized
facilities, as provided for in $212.072 of the
Texas Local Government Code; or
(3) $4,216.00, 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 construc-
tion; changes in the price or cost of materials, supplies, or
laLor; unforeseen or unanticipated cost because of topography,
soil, subsurface, or other site conditions; differences in the
calculates' and actual par linear feet of pipe or materials needed
for the oversized facilities, Developer's decision as to the
contractors or subcontractors used '.o perform the work; or any
other reason or cause, specified ov unspecified, relating to the
construction of the oversized eaci'Lit.tos.
5. Within thirty (30) days of the acceptance of the facili-
ties by City, Developer shall submit to City's Director of Utili-
ties the actual cost of the oversized facilities. Should the p
actual cost of the oversized facilities bu less than the cost upon
which Cit,,••s share was determined, City's share of the cost shall
be toduced 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 facilities. To determine the
WATER MAIN PARTICIPATILN AGREEMENT / CESSCO RENTAL i SALES, INC. PAGE 2
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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 and shall have the right to require
Developer to submit any necessary information, documents, invoices,
receipts or other records to verify the actual cost of the over-
sized facilities.
6. Within sixty (60) days of the date Developer submits sat
isfactory documentation of the actual cost of the oversized facili-
ties, as determined by City, City shall pay to Developer City's
share of the coat thereof.
7. All notices, payments or communications to be given or
made pursuant to this agreement by the parties hereto, shall be
sent to Developer at the business address given above and to the
Director of Utilities for City at the address given above.
S. Developer shall indemnify and hold City harmless from any
and all claims, damages, lose or liability of any kind whallsoever,
by reason of injury to property or person occeiaoned. by any act or
omission, neglect or wrongdoing of Developer, 3+-- officers, agents,
employees, invitee, contractors or other perfons 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
the oversized facilities within twelve (12) months of the effective
date of execution of this agreement, this agreement shall termi-
nate.
10. This instrument embodies the whole agreement of the par-
ties hereto and there are no promises, terms, conditions or obliga-
tions other than those contained or incorporated herein. This
agreement shall supersede all pre, ious communications, representa-
tions or agreements, either verbr.l or written, between the parties
hereto.
11. This agreement shall not be assigned by Developer without
the express written consent of City,
12. Any and all suits for any breach of this contract, or any
other suit pertaining to or arising out of this agreement, shall be
• brought and maintained in a court of competent jurisdiction in
Denton County, Texas.
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MATER NAIU PARTICIPATION AGREEMENT 1 CESSCO RENTAL i SALES, INC. PAGE S
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Executed this, the ay of , 1944
CESSCO R AL & SALES, INC.
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BY
ATTEST,
CITY OF DENTON, TEXAS
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BY:
ATTEST:
JENNIFER WALTERS, CITY SECRETAR:
BY:~
APP VED AS TO LEGAL FORM:
HERBERT PROUTY, CITY ATTORNEY
v, BY:
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WATER MAIN PARTICIPATION AGREEMENT / CESSCO RENTAL A SALES, INC. PAU 4
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NIITIR LIMI TILT? ¢P'lit ITCl1RT ~PI1L ITIIINT TIL11
T I L BITI3T 8lltl L1Mt--- - iIMIPliT POICT IiIM 1ITIl 641 ;
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PROJECT NO•
CONTRACT N0. ff
THE STATE OF TEXAS S ncvrrnylfPN" CONTBbGT f
COUNTY OF DENTON S
whereas,
hereafter referred to as "Owner," whose business address is
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is the owner of real property located in the corporate limits of
the city of Denton, or its extraterritorial jvrisdict,ionj and
Wheraas, 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 A nstructl,on of
said development, a develupment contract is requirrl to ensure that
all streets, water and sewer lines, drainage faci:',itiss and other
improvements which are to be dedicated to the public, hereafter
referred to as "Improvements," are constructed i'n accordance with
• the City's specifications, standards and ordinal.icesl and
(select applicable provision as follows;
Whereas, the owner elects to construct thu Improvements
without contracting with ianother party as prime contractor, in •
which case the provisions of this contract which 'rater to "Owaer"
ar "Contractor" shall sun the owner as nsned above; or
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~J W+,ereas, the owner elects to make such :mprovemsnts hereafter
set forth by contracting with
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whose business address is
hereafter
referred to as "Contractor"; and j
Whereas, Owner and Contractor recognize that the City has an
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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 thin payment is made therefor;
WITNESSETH
As to the Improvements to be dedicated to the public, as
specified in Exhibit A, attached hereto and incorporated by
reference, to be installed and constructed at -
the owner, Contractor and City, in consideration of their mutual
promises and covenants contained herein, agree as follows:
1. Coyanants 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
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BROCifications for Public Works construction, 1(orth central Texas,
as amended, and all addenduss thereto, and all other regulations,
ordinances or specifications applicable to such Improvements, such
PAGE 2
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specifications, standards, regulations and ordinances being
expressly i!;;orporated herein by reference and being made a part of
the agreement as though written herein. E
(b) Authority of City F-_,____, iri 2liCt s. Tests and
Ord era. That all work on the Improvements shall be performed in a
good and workmanlike manner ind 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 perforsed was in acrordanoe with the
specifications applicable thereto. Any work dvao 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
Isprovements.
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(c) insurance. To provide for insurance in accorrdance with
the 'nscrcnce requirements applicable to cortractors as provided
for in Ices 1.26 of Division I of the s
Public Work Construction forth Csntrp_'_ Texas, as amended+ the
provisions of which are exproscly incorporated herein by reference;
provided, however, for purpose of this provision only, "owner," as
used therein, shall mean the City of Denton.
(d) gyps any ethods of Construction. That the mans and
methods of construction shall be such as Contractor say 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-. w +tual Cov nants of or and Contr g=. Owner and
Contractor mutually agree as follows:
(a) performance Bonds: LCr2X AqXaement. 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
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development is a "one lot development," as defined by City's E
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
buminess in the State of Texas; or,
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(ii) if the cost of completing the improvements, at the
time building permits are requested, is in an
mount 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 pavmsnt. That prior to
acceptance of the Improvements:
(i) a payment boofd 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 authorital
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 awo .nt, are for a "one lot development,"
am defined by cit'-sm development Code, and a
payment bond has not been submitted in accordaned
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
Improvasents shall be fully paid and satisfied
before acceptance of the Improvements by the City
and that prior to acceptance of tha Improvements,
the Owner and Contractor shall furnish a written
affidavit, in a form provided by the City Engineer,
• statinq that all bids, charges, accounts or claims
for labor performed and material furnished in
connection with the construction of the
Improvements have been paid in full and that there
are no unreleased recorded liens filed against the
Improvements, or land to which they are affixed,
that are to be dedicated to the public.
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That, upon the request of the City Engineer, owner
or Contractor shall furnish a complete list of all
subcontractors who performed labor on, or suppl;,ed
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material for, the construction of the Improvements, j
and, when requested, written statement from any or E
each of such subcontractors or supl;liers that they
have been r to full.
(c) Retainaas., Fi_na t_., nts. (This provision (c) applimm
only where the Owner and Contractor are not he same party.) That
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as security foc the faithful completion of the Improvamants,
Contractor and owner agree that the owner shill retain ten percent
of the total dollar amount of the contract price until after final
approval or acceptance of the improvements by the Ci.Y• The Owner
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shall thereafter ;gay the contractor the retainage, only after
Contractor has furnished to the owner satisfactory evidence that it
all indebtedness connected with the work and all suns 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) $CYibLAWAY. That upon completi,,n and approval or
acceptance of the Improvements of the City, the Improvements shall
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become the property of the City free and cletr of all liens,
claims, charges or encumbrances of any kind. If, after accaptatice
of the Improvements, any claim, lien, charge or encumbrance is
• made, or found to exist, against the Improvements, or land
dedicated to the Ci~-y, to which they are affixed, the owner and
Contractor shall upon notice by the City promptly cause such claim
lien, charge or encumbrance to be satisfied and released or
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promptly post a bond with the city in the amount of such claim,
,
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lion, charge or encumbrance, in favor of the City, to ensure
payment of such claim, lien, charge or encumbrance. {
(e) lU intenance Bond, That prior to approval or acceptance S
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 parson, persons or property on account of the
operations of the Contractor, his agents, employees ov
subcontractors; or on account of any negligent act of fault of the
Contractor, his agents, employees or subcontractors in construction
of the improvements; and shall pay any judgment, with costs, which
• may be obtained against the city growing out of such injury or
damage.
(q) Agreement Controllinc. 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. occupancy: one Lot Ueveloymenta. Owner further agreas 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 say take whatever action necessary to
restrain such occupancy.
(b) That if this contract applies to a "one lot
development," an defined by City's Development Code, and no
performance or payment bond was required or submitted for the
improve nts that are to be dedicated to the public, the Owner
shall not ba 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 agreasent, the City agrees to
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• accept the improvements.
j S. Venue and Governing Law. The parties herein agree that this
contract shall be enforceable in Denton County, Texas, and if legal
action is necessary in connection therewith, exclusive venue shall
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lie in Denton County, Texas, The terms and provisions of this
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contract shall be construed in accordance with the laws and court
decisions of the State of Texas.
PACE 8
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6. successor and hSaians. This contract shall be binding upon
and inure to tn, benefit of the parties hereto, their respective
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successors and assigns.
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Executed in triplicate this, day of - ' 14.,_,_.
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OWNER CONTRACTOR
BY: BY: _
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CITY OF DENTONo TMS
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BY:
CITY MAWAOBR
ATTEST:
JDMIFER WALTERS, CITY SECRETARY F
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
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AAA019DE
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PROTECT NO.
CONTRACT NO.
PERFORMANCE BOND
THE STATE OF TEXAS S
KNOW ALL NO BY THESE PRESENTS:
COUNTY OF DENTON S
That
of _ County, Texas, hereinafter called Principal and j
a Corporation organized under the laws of the State of
and authorised to do business in the State of Texas, herna~ar
called "Burety", are bold and firmly bound unto the City of Denton,
Texas, a Mmicipal Corporation, in Denton County, Texas,
hereinafter called "City" in the penal sum. of
Dollars, lawful money of the United States, for the psym.ent of
which sun wall and truly to be made we bind ourselves, our heirs,
executors, administrators, and successors, jointly and severally,
and firmly by these presents:
THE Condition of this obligation is such that:
WHEREAS, the Principal entered into a certain contract with
owner, dated the day of , 19 , in the
proper performance of which the city o Denton, 'sraxas, has an
interest, a copy of which is hereto attached and wade a part
hereof, for the construction ofi
3
NON, THEREFORE, if the Principal shall well, truly, and
» faithfully cause to be performed and fulfilled all of the
undertakings, covenants, terms, coniitions, and agreements of said
Contract in accordance with the Plans, specifications, and Contract
Documents during the original term thereof, and any extension
thereof which say be granted, with or without notice to the surety,
PAGE ONE 0
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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 agrsements of any and
all authorized modifications of said Contract that may hereafter
bemade, notice of which modifications to the surety being hereby
waived; than this obligation shall be void; otherwins 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 planar Specifications, Draw, eta.,
aocompuiying 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 day
of , 19
PRINCIPAL SURETY
BY., BY:
ATTORNEY-IN-FACT
ATTEST:
SECRETARY
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NOTE: POWER OF ATTORNEY OF Suety HOST as AwACHED. DATE OF BOND
RUST NOT BE PRIOR TO DATE OF CONTRACT,
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PAGE TWO
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PROTECT NO.
CONTRACT NO, i
PAYMENT BOND
TH$ STATE OF TEXAS S
COUNTY OF DENTON S
THAT
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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, here rA ter
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 say furnish materials for or perform labor upon
the buildings, structures or improvements referred to in the
attached contract, in the penal sum of
) 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 thatt
• WHEREAS, the Principal entered into a certain contract with
owner, dAted the day of in the
proper performance o which the CiEy of Do n, Texas, has an
interest, a copy of which is hereto attached and made a part
hereof, for the construction oft
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NOW, THEREFORE, if the Principal shall well, truly, and
faithfully cause to be performed its duties and asks 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 murety 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 TEAT 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 Plana, specifications, Drawings, eta., toeaaganyinq the same
shall in anywise affect its obligation an this Bond, and it does
hereby Waiw 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 WITNZds WKXRRDP, this instrument is executed in triplicate,
each one of which shall be deemed an original, thiii the day
of , 19y
PRINCIPAL SURETY
BY: BYt
ATTORNEY-IN-PACT
ATTEST:
SECRETARY
ti NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR To DATE or CONTRA~.'T.
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AAA019DF
PROTECT NO.
CONTRACT NO.
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CONTRACTOR'S MAINTENANCE BOND
(DEVLLOPMENT CONTRACT)
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 organi.ad order the law of the State of
and authorised to do business in the State of Texas, here na er
called "Surety", are held and firmly bound unto the City of Denton,
Texas, a Municipal Corporation, in Senton County, Texas, hereinafter
called "City" in the penal stun Qf _
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Dollars, lawful money of the United States, the said sum beinq ten
percent (101) of the total amount of tctie 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 Obliqation is such that:
WHEREAS, the Principal entered into a certain contract with
Owner, dated the day of , 19 , in the
proper performance--oT--which the C ty o Denton, Texis, has an
interest, a copy of which is hereto attached and made u part hereof,
for the construction of:
PACE ONE
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and
NOM, THEREFORE, if the Principal shall wall, truly,
faithfully maintain end keep in good repair the work contracted to
be done and performed for a period of one (1) Year from the data of
acceptance in writing by the City of Denton and do all~nec"$&rY
work and repair of any defective conditions growing out
but not
arising from the improper work of the sass, other dotootnot
limited to, any sottlinq, breakinq, cracking or from improper
condition of any of the work or part thereof arising other cau" Or cmndition,
excavation, backtillinq, ccepactinq or any
known or unknown, at any time during the period of this bond, which
the city engineer, whose judgment shall be final and conclusive,
esult of
dot it2to
materials thenntthiis obi 9 t n rshall be void, otherwise to remain or inat ll
force and affect.
In case the said Principal shall fail to maintain, repair or
reconstruct any detective 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 this 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 S
may be had parson for successive broaches of the sconditions have ri
provided until the full amount of this bond hall
exhausted, and it is further understood thaattt the said liga ton to hall con ppeiriod, & d itdhewsaikia ashall nottinue
chanq ,od diminished, or in any
manner affected from any cause during said time.
PROVIDED, further, that if any legal action be tiled on this
bond, venue shall lie in Denton County.
IN WITNESS yilIEREOP, this instrument is executed in triplicate,
day
each one of which shall be doomed an original, this the
of
PRINCIPAL SURETY
BY: BY: M
ATTORNEY-IN^FACT
PAGE Tito
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NOTE: '?OVER OF ATTORNEY OF SURETY MUST BE ATTAC2MD. DATE OF BOND
smsT NOT BE PRIOR TO DATE OF CONTRACT.
i
s ATTEST: ~
BJECRITARY
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PACE T10tEE
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AM019DF
Project No.
Contract No. _ tt
h
OWNER1s AND CONTRACTOP.1S AFFIDAVIT OR
PAYMENT OF LABOR AND MATERIAL FOR IMPROVEMENTS
(This fors may be used in lieu of a payment bond on contracts of
$50,000 or less as provided for in Chapt. 11, art. 3.0/ (A)(4)(9)
of Appendix A of the Code of Ordinances.)
That, pursuant to the provisibnr of that certain Dewlopsesst
Contract entered into on the day of
betw+an designated therein referra to
herein as Rownern, , designated therein and
referred to herein as ntra or , city of Denton, Tom";
Owner and Contractor hereby submit this affidaviC, and state, under
oath, the followings
r
That all contractors, subcontractors and other persons
who provided labor or furnished materials in connection
with the construction of the "Improvements", as designs-
ted in raid Dewlopmen,: Contract, have been paid in full
and that there are no claims, liens, or encumbrances
existing against said rmprovemants, nr the land to which
they are affixed.
OWNER CONTRACTOR
SUBSCRIBED AND SWORN TO BEFORE ME this day of
by , as Owner.
i
NOTARY •
I , STATE OF THU'
s
SUBSCRIBED AND SWORN TO BEFORE ME this day of
• 19_, by , as Contraoyor. •
M5 my RN101c, STAR
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