1996-041J \WPDOCS\ORD\LODGE ORD
ORDINANCE NO Q& - Oe I
AN ORDINANCE AUTHORIZING THE MAYOR TO APPROVE THE WATER MAIN COST
PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND LODGE
CONSTRUCTION COMPANY, INC , AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Lodge Construction Company, Inc hereafter referred
to as "Developer" wishes to develop and improve certain real
property named Estates of Forrestrldge Section II located ~n the
City of Denton, Texas and ~s designing, constructing and installing
a water ma~n of a minimum ~nslde diameter of eight inches,
hereafter referred to as ,,required facilities", and
WHEREAS, the C~ty of Denton, Texas, a municipal corporation in
accordance with its ordinances, w~shes to participate in the cost
of the construction and installation of said water main, to provide
for an "oversized" water main with a minimum inside diameter of
twelve (12) inches to expand ~ts utility system and ~nsure adequate
utility service to other customers, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the Mayor is authorized to execute a Water
Main Cost Participation Agreement Between the C~ty of Denton and
Lodge Construction Company, Inc ("Agreement") under the terms and
conditions contained in the Agreement attached hereto
SECTION II That the expenditure of funds as set forth in the
Agreement is hereby authorized
~ That th~s ordinance shall become effective
zmmedzately upon its passage and approval
PASSED AND APPROVED this the ~J~ day of ~ ,
1996
BOB CASTLEBERRY, MAYOR/
ATTES'T
JENNI,FER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
THE STATE OF TEXAS § WATER MAIN COST PARTICIPATION
AGREEMENT BETWEEN THE CITY OF
DENTON AND LODGE CONSTRUCTION
COUNTY OF DENTON § COMPANY, INC
WHEREAS, Lodge Construction Company, Inc , hereafter referred
to as "Developer," whose business address is 15303 Dallas Parkway,
Suite 1310, Dallas, Texas, 75248, w~shes to develop and ~mprove
certain real property named Estates of Forrestrldge, Section II
attached hereto and ~ncorporated herein by reference), located in
the Clty of Denton, Texas or its extraterritorial jurisdiction, and
is required to provide such property w~th adequate water capacity
by designing, constructing and ~nstall~ng a water ma~n of a minimum
inside d~ameter of eight inches (8"), hereafter referred to as
"required facllltles", and
WHEREAS, the C~ty of Denton, Texas, a municipal corporation
located at 215 East McK~nney, Denton, Texas, 76201, hereafter
referred to as "City," in accordance with its ordinances, wishes to
partlclpate in the cost of the construction and ~nstallat~on of
said water main to provide for an "oversized" water ma~n to expand
· ts 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
1 Developer shall design, install and construct a twelve
inch (12") water main and all necessary appurtenances thereto,
hereafter referred to as ,,oversized fac~lltles", located as shown
on Exhlblt I, attached hereto and incorporated herein by reference
2 As required by Chapter 34 of the Code of Ordinances of
C~ty of Denton,Texas, Developer shall enter into a Development
Contract prior to beginning construction of the oversized facili-
tIes Th~s Development Contract shall be in substantially the same
form as the Development Contract attached hereto as Exhibit II and
~ncorporated here~n by reference This Agreement shall be subject
to and governed by the Development Contract and any other applica-
ble ordlnances of City
3 Prior to beginning construction of the oversized faclll-
t~es, Developer shall obtain, at Developer's sole cost and expense,
all necessary permits, l~censes and easements The easements,
deeds and plats therefor obtained by Developer shall be reviewed
and approved as to form and substance by City prior to the
beglnnlng of construction If Developer ~s unable to acquire
needed easements, Developer shall provide City with any requested
documentation of efforts to obtain such easements, ~nclud~ng
WATER MAIN PARTICIPATION AGREEMENT / LODGE CONSTRUCTION CO INC
PAGE i
evidence of negotiations and reasonable offers made to the affected
property owners Any easements for the oversized facilities
obtained by the Developer shall be assigned to City, if not taken
· n City's name, prior to acceptance of the oversized facilities,
and Developer warrants clear title to such easements and will
defend City against any adverse claim made against such title
4 Clty's share in the cost of the oversized facilities,
based upon the difference ~n 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 Seventeen Thousand Four Hundred Dollars and No Cents
($17,400 00) City may elect one of the following methods to
determine the C~ty's share of the cost
a) The Developer shall prepare plans and specifica-
tions and furnish them to the City C~ty shall
competitively bid the required line and the over-
sized facilities in accordance with Chapter 252 of
the Local Government Code The difference in the
blds shall be used to determine the Clty's share,
subject to the City's maximum participation in cost
as specified in this Agreement, or
b) The Developer shall prepare plans and specifica-
tions and take b~ds on the required line and the
oversized facilIties City shall pay Developer the
least amount of the following
(1) The d~fference ~n the b~ds for the required
l~ne 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) $17,400 00, the maximum participation cost al-
lowed herein
City shall not, in any case, be liable for any additional cost
because of delays in beginning, continuing or completing construc-
tion, changes ~n the price or cost of materials, supplies, or
labor, unforeseen or unanticipated cost because of topography,
so~l, subsurface, or other site conditions, differences in the
calculated and actual per linear feet of pipe or materials needed
for the oversized faclllt~es, Developer's decision as to the con-
tractors or subcontractors used to perform the work, or any other
reason or cause, specified or unspecified, relating to the con-
structlon of the oversized facilities
WATER MAIN P;%RTICIPATION AGR~EF~NT / LODGE CONSTRUCTION CO INC
5 Within thirty (30) days of the acceptance of the facili-
ties by City, Developer shall submit to the City's Director of
Utilities the actual cost of the oversized facilities Should the
actual cost of the overslzed 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 basks, based upon
the d~fference of the actual cost of the oversized facilities and
the determined cost for required facilities To determine the
actual cost of the oversized facilities, City shall have the right
to ~nspect any and all records of Developer, h~s agents, employees,
contractors or subcontractors 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 over-
sized facilities
6 Within s~x~y (60) days of the date the Developer submits
satisfactory documentation of the actual cost of the oversized
facilities, as determIned by C~ty, C~ty shall pay to Developer its
share of the cost thereof
7 All notices, payments or communications to be given or
made pursuant to thzs Agreement by the partmes hereto, shall be
sent to Developer at the business address given above and to the
Director of Utllztmes for the City at the address g~ven above
8 Developer shall mndemnlfy and hold Czty harmless from any
and all claims, damages, loss or lzabzlmty of any kmnd whatsoever,
by reason of injury to property or person occasioned by any act or
omission, neglect or wrongdoing of Developer, its officers, agents,
employees, ~nv~tees, contractors or other persons wzth regard to
the performance of this Agreement, and Developer will, at zts own
cost and expense, defend and protect Cmty agamnst any and all such
claims and demands
9 If Developer does not begmn substantial constructIon of
the overszzed facllltles within twelve (12) months of the effective
date of this Agreement, this Agreement shall termmnate
10 This instrument embodzes the whole Agreement of the par-
ties hereto and there are no promlses, terms, condltzons or oblzga-
tlons other than those contazned or lncorporated herezn Thzs
Agreement shall supersede all previous communications, representa-
tions or Agreements, either verbal or written, between the parties
hereto
11 This Agreement shall not be assigned by Developer without
the express wrmtten consent of Czty
WATER MAIN PARTICIPATION AGREEMENT / LODGE CONSTRUCTION CO INC
PAGE 3
12 Any and all suits for any breach of this contract, or any
other suit pertainIng to or arzszng out of this Agreement, shall be
brought and maintained in a court of competent 3urlsdlctlon in
Denton County, Texas
Executed this the ~6~-day of ~/~ ~ , 19 ~&
LODGE ~TRUCTION COMPANY, INC ,
DEVELq
R
ATTEST
CITY OF DENTON
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM,
HERBERT PROUTY, CITY ATTORNEY
WATER MAIN PARTICIPATION AGREEF~NT / LODGE CONSTRUCTION CO INC
PAGE 4
ESTATES OF FORRESTRIDGE SECTION II
~6ooo SF 6O0O ?,~ 6OO0 5F ,-~ ~0~' ~ ~J5 35b~ sr
,~oo ~oo ' TO FO~ST~DGE D~
9 2 54 BLOCK
~,,..~ FACILITIES
~OC K"
BLOCK "A" '
. g~ ~ TO RYAN ROAD
ESTATES OF FORRESTRIDGE SECTION II
$ 39'48'21' £ 842 91'
BLOCK I" E"
7 ~ 6 ,5 . 3 ~ z
~oo ,~ ,~oo ~oo ' TO FO~ST~DGE D~
BLOCK a ~
60 ~ooo ,~ .~ ~ _
8 3 ~ BEN~OOD CT
50
6 49
i
.ar.,~,'~ ~ .,.~, - FACILI~ES
64 ~1 65 ~ 66 6- z
' ' BLOCK "A"
~;~'~r~' ~- ....
515 04'
g~ ~ TO RYAN ROAD
] E~BIT I
01/12/96 12 38 '~8173857334 U']'ILITI£S ~)001/001
PROJ TITLE. (G) OVERSIZE WA I IrHUNEB
E~'rlMA t ~J GOIFI" 1100 ('4 1
'~---/ GROUP AE~IGN MIENT 8
)ESORIPTION Thi~ 13~rolect Mil allow for larger Iine~ needed to sewice future
development aim o~tlply w/MIt~er Plan
PURPOSE ~l~rel~r~i~lng to upgrmM exl~tng IIn~ before they need
CC~T
OAI.~ULATION F. mimmed ~ost $100,000
FLINDIN~ REQUIREMEN'I~: ENCUMBERAN~ES/CA~H EXPENDITURE8 (In 13o~m x 1000)
First Qtr. ~econd Qtr Third Qtr. Fourth Qtr.
EXP I~lC EXP ~NC EXP
1997 0 0 0 0 0 0 0 0
19g8 0 o I 0 0 0 0 o 0
~qOUMBERANOE~ ~ ~G=~NDITURE~
BOND ~ .MC OTHER TOTAL BOND REV AIO OTHER TOTAt
TOTAL ~ND YR 0 O 0 O 0 0 O O 0 0
TOTAL 0RD YR 0 0 0 0 0 0 0 0 0 0
GRANDTOTAL 0100 l0 lO I0 8100 8100 S0 I0 ~10 $100
~IOUMBERANCE DATE8 ~ed u apent.
I:~IASE DATE AMOUNT OBJEGT #
~ Pur~heJe
In--on
Con~nmtioa A~ SPENT 100 9138
ENCUMBERANCE TOTAL $100
OOMMENT~
Exhibit 2
2/28/95 10 14 P; . ,
D~LOPMENT CONTRACT/BOND INSTRUCTIONS
Ail constructLon of publLc improvements (~ e , streets, s~dewalk,
utll~tLes, draLnage} requires development contracts to be executed prLor
to construction of those improvements
Payment and Performance bonds or escrows are only required if building
permits will be issued prlor to public ~mprovement construction being
completed and accepted
Malntenancebond or escrow and affidavit of payment are required on all
public improvement construction projects prior to completion and
acceptance of the improvements
Three-Way development contracts apply when the owner and contractor are
separate entit~es A Two-Way development contract is used when the
owner is also the general contractor
The development contracts, and applicable bonds or escrows must be
filled out in triplicate All copies of each document must have
orLginal signatures You will want to copy the documents prior to
filling them out Do not make copies after they are filled out end
signed
Co-obliges bonds are not acceptable The bond forms provided bind the
princ=pal and the surety to the City of Denton only Do not attach co~
obliges r~ders
Submit fLlled out documents to David Salmon, Senior Civil Engineer in
the EngLneering and Transportation Department of the City of Denton
The address is 215 East McKLnney Street, Denton, Tx 76201, Phone (817)
566-8358
Once the documents have been processed through the City of Denton Legal
Department, construction may beg~n as well as buildLng permit issuance
if applicable
AEE00478
AAA00D97
PROJECT NO.
cONTRACT NO.
THE STATE OF TEXAS S
DEVELOPMENT CONTRACT
coUNTY OF DENTON S
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 provLsion as follows]
~--~ Whereas, the Owner elects to construct the Improvements
without contracting with another party as prime contractor, in
which case the provisions of th~s 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
, 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 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) ~. To construct and install the
Improvements in accordance with the procedures, specifications and
standards contained in Division II and III of the '~
~Decificatione 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
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 Enaineer= 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 ~nspection,
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 ~nspections of such work
until such failure is remedied. If such failure is not remedied to
the satisfaction of the C~ty Engineer, the City shall have no
obligation under this agreement to approve or accept the
Improvements.
PAGE 3
(c) /~. 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 CentralS, 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) ~ns 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 Aareement. That if building
permits are to be issued for the development prior to completion
and acceptance of all improvements that are tobe dedicated to the
public, the following security requirements shall apply, unlees 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
(ii) af the cost of completing the Improvements, at the
time building permats are requested, is in an
amount of $50,000 or less, as determined by the
Caty Engineer, cash money in the amount necessary
to complete the Improvements, as determined by the
City Engineer, may be deposited with a bar~ 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
befo=e acceptance of the Improvements by the City
and that prior to acceptance of the Improvements,
the Owner and Contractor shall furnish a wratten
affidavit, in a form provided by the City Engineer,
stating that all bids, charges, accounts or claams
for labor performed and material furnished an
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 publac.
That, upon the request of the City Engineer, Owner
or Contractor shall furnash a complete last of all
subcontractors who performed labor on, or supplaed
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.
(¢) 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 bythe City. The Ow~ler
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) ~. 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,
PAGE
lien, charge or encumbrance, in favor of the City, to ensure
payment of such claim, lien, charge or encumbrance.
(e) ~. 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) ~. 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) ~areement Controllina. 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
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 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 th~s agreement, the City agrees to
accept the Improvements.
5. Venue and Governina 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
11e ~n 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
6. Successor and Asslons. 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 .
OWNER CONTRACTOR
BY:
CITY OF DENTON, TEXAS
BY:
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FOI~M:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
PAGE 9
AAA019DE
PROJECT NO.
CONTRACT NO.
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 under the laws of the State of
and authorized to do business in the State of Texas, hereinafter
called "Surety", are held and firmlybounduntothe 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 o£
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 , 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 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,
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
bond, venue shall lis in Denton county.
AND, that said Surety, for value received, hereby stipulates
and a~rees 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 I4HEREOF, 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
NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND
MUST NOT BE PRIOR TO DATE OF CONTRACT.
PAGE TWO
~,A019DF
PRO~ECT NO.
CON'£~,CT NO.
PAYNENT BOND
THE STATE OF TEXAS
COUNTY OF DENTON
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 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
($ ) 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 Principel 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:
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, ex~eneion 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:
ATTORNEY-IN-FACT
ATTEST:
SECRETARY
NOTE: DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CO~TKACT.
PAGE TWO
AAAO19DF
PROJECT NO.
CO~TKACT NO.
CONTRACTOR'S MAINTENANCE BOND
(DEVELOPMENT CO~'r~ACT)
THE STATE OF TEXAS S
KNOW ~T~T, M~M BY THESE PRESENTS:
COUNTY OF DENTON 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 unto the City of Denton,
Texas, a Municipal corporation, in Denton County, Texas, hereinafter
called "City" in the penal su~ of
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 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:
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 tmknown, 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 fei1 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 againstthe 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 bend shall have been
exhausted, and it is further understood that the obligation to
maintain said work shall continue throughout said maintenance
period, and the same shall not be changed, diminished, or in any
manner affected from any cause during said time.
PROVIDED, further, that if any legal action be filed on this
bond, venue shall lie in Denton County.
IN WITNESS WHEREOF, this instrument is executed in triplicate,
each one of which shall be deemed an original, this the __ day
of , 19__
PRINCIPAL SURETY
BY: BY:
ATTORNEY-IN-FACT
PAGE TWO
NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND
MUST NOT BE PRIOR TO DATE OF CONTRACT.
ATTEST:
SECRETARY
PAGE THREE
AAA019DF
Project No.
Contract No.
OWNER'S AND CONTRACTOR'S AFFIDAVIT OF
pAYMENT OF LABORANDMATERIAL FOR IMPROVEMENTS
CThie form may be used in lieu of a payment bond on contracts of
$50,000 or less as provided for in Chapt. 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 day of 19 ,
between , designated therein and referred to
herein as -Owner", , designated therein and
referred to herein as #Contractor#, and 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 enc-m~=anoes
existing against said Improvements, or the land to which
they are affixed.
OWNER CONTRACTOR
SUBSCRIBED AND SWORN TO BEFORE ME this __day of
19 , by , aa Owner.
NOTARY PUBLIC, STATE OF TEXAs
SUBSCRIBED AND SWORN TO BEFORE ME this __day of
19 , by ,as Contractor.
NOTARY PUBLIC, STATE OF TEXAS