HomeMy WebLinkAbout25-2102Exhibit
Cost Sharing Agreement
21
Exhibit E
Development Contract for Public Improvements
4933-6449-8810 v.5
22
Exhibit F
Payment Bond and Performance Bond
4933-6449-8810 v.5
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Effective December 1st, 2003 PROJECT NO.
CONTRACT TYPE
PERFORMANCE BOND
THE STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS:
That ______________________________________________________ (the Principal ),
_______________________________________________________________________________
of the City of , County of ________________, and State of ________________, and
___________________________________________________________________ (the Surety ),
_______________________________________________________________________________,
a Corporation organized under the laws of the State of _____________________ and authorized to do
business in the State of Texas, are held and firmly bound unto the City of Denton, Texas, a Municipal
Corporation, in Denton County, Texas, hereinafter called ity in the
penal sum of ($_________________________) 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 the
day of , 20 , in the proper performance of
which the City of Denton has an interest, a copy of which is hereto attached and made a part
for the construction of:
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PERFORMANCE BOND
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, 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 two years 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.
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PERFORMANCE BOND
IN WITNESS WHEREOF, this instrument is executed by the Principal and the Surety
this __________day of ____________________20__________.
PRINCIPAL SURETY
BY: BY:
TITLE: TITLE:
ADDRESS: ADDRESS:
ATTEST:
SECRETARY
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.
Effective December 1st, 2003 PROJECT NO.
CONTRACT TYPE
PAYMENT BOND
THE STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That
(the Principal ), ______________________________of the City of ,
County of , and the State of ,
and _______________________________________________________________ (the Surety ),
_______________________________________________________________________________,
authorized under the laws of the State of Texas to act as surety on bonds for principals, are held
and firmly bound unto The City of Denton, O , in the penal sum of
dollars ($ ) for the payment whereof, the
said Principal and Surety bind themselves and their heirs, administrators, executors, successors
and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner,
dated the day of 20 .
to which contract is hereby referred to and made a part hereof as fully and to the same extent as
if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that
if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor
PAYMENT BOND
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in the prosecution of the work provided for in said contract, then this obligation shall be void,
otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the
Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this
bond shall be determined in accordance with said provisions to the same extent as if they were
copied at length herein.
Surety, for value received, 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, or drawings accompanying the same, shall in any way 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.
PAYMENT BOND
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IN WITNESS WHEREOF, this instrument is executed by the Principal and the Surety
this __________day of ____________________20__________.
PRINCIPAL SURETY
BY: BY:
TITLE: TITLE:
ADDRESS: ADDRESS:
(SEAL)
The name and address of the Resident Agent of Surety is: