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SURETY BOND
Number OB22034
r
KNOW ALL MEN BY THESE PRESENTS, that Ricky Miller, Inc. dba Sneakers
, as Principal, and
Arntex Insurance Company , as Surety, are held and
firmly bound .unto City of College Station, TX , asObli gee, for the sum
of Th i rty Thous and. and No/I 00-- -- - - -- - - - - - - - -- --- - - - - - -- - - - - - -- - -- - - -- - - - - - - -,- --
($ 30,000.00 ) for.the payment whereof we bind ourselve,our successors .and olssigns,
jointly and severally by these presents.
WHEREAS, the said Principal has entered into a contractual agreement, with the~
Obligee and the Principal has agreed to construct specified drainage improveme!nts
as set forth in said agreement.
NOW, THEREFORE, if said Principal performs its obligations in a satisfactory
manner, then this bond shall ,be void, otherwise to remain in full force and effect.
Provided, however, that the Surety may terminate its liability at anytime upon
giving a minimum of thirty (30) days notice- by registered mail addressed to .
Ci ty of Colleqe Station, TX and. Ricky Miller ,Inc. dba Sne'akers
stating when Surety.s liability shall end from further liability upon said bond.
Unless otherwise terminated asprov;ded herein this bond shall expire on the 14th
day of October, 1989.
IN WITNESS HEREOF, the parties have hereunto signed this bonq,this the 30th
day of , 19~.
RickyMiller,Inc. .dba Sneakers
(Prine; pal ) '-,
By:-=f(uk1 ,~~l~ .lrJJi~
Amtex Insurance Company
(Surety)
,1 . ~
~y: \"",-j \\(1,11(1 ':J VC0\Jft,LL'.'Y)
(A~torneyin Fact)
Frances Barnum
UMITED POWER OF AlTORNEY
KNOW ALL MEN BY THESE .PRESENTS:
ThatAMTEX I.NSURANCE COMPANY,s Texas Corpora.tlon, does. hereby appoint M. L.
CASHIONI FRANCES BARNUM, CONNIE REGINI and DENISE L1lTLEJOHN, or any one oHhem, of
Bryan, Texas, Its trlJeand .Iawful Attorney-In-Fact, with fun authority to .execlJte on Its behalf fidelity
and surety bonds or undertakings and other documents of a similar charactetlssued In the course
of Its buslness,and to bind the company thereby.
EXCEPT NO AUTHORITY IS GRANTED FOR:
1. Open Penalty bonds.
2. Bonds where Attorney-In-Fact. appears as a party at Interest.
IN WITNESS. WHEREOF,AMTEXINSURANCE .C.OMPANY has executed. and attested 'this
UmltedPower of Attorney this 21st day of March, 1989.
ATfEST:
AMTEX INSURANCE COMPANY
3131 BrlarcrestDrive/Suite 110
!
Bryan,Texasna02
I
409m6-~ . /
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(B. F. Vance, J,.., V.'P.
By:
WilUamR.Vance,President
SUBSCRIBED AND SWORN TO BEFORE ME on this 21st day of March, 1989, to which
witness my hand and official seal of. office.
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Notary Pub ..State of Texas
Printed Name: ~
Commission .Expires:
CHERYL. 8URRIER
Notary. Public' Sf'f.. of Tern
CommlssiollExPlre. Augult 20, 1191
8/30/89
ACKNOWLEDGMENT
STATE OF TEXAS )
)
COUNTY OF. BRAZOS )
BEFOREME,theundersignedNotarypublic in and for
said County and state, on this day personally appearedM.L.
(Red) Cashion ,Managing Partner of . RafterBVenture~fiown . to
me as the.. person. whose. name is subsc.ribedtothe foregoing
instrument, andacknowledgecl tomethath~ has execut~d t:l1e
same for the purposes and consideration therein exprei:;sed.
GIVEN under my hand and seal of office, this the'3\S4
day of August, ,1989.
j K~U.9 bC~''Y\..u,.--r<\
Notary Public in and for the
State of Texas
FRANCESBARNU!\1
Noto.ry Public
STATE of TE:<AS
My Ccmmission. expires4.S-93
ACKNOWLEDGMENT
STATE OF TEXAS )
)
COUNTY OF BRAZOS )
BEFORE ME, the.. undersigned Notary. Public. in and for
said County and statE!,ofithis day. personally appeared
Richard A.<Miller, President of Ricky Miller,. Inc.. known to.
me as the person whose name is subscribed to the foregoing
instnunent, and acknowledged tome thathehasexecutE!d the
same for the purposes and consideration therein expressed.
GIVEN under my hand and seal of office , this the ..~
day of August, ..1989.
~ikin and for the
state of Texas
ACKNOWLEDGMENT
STATE OF .TEXAS
COUNTY OF BRAZOS
BEFORE ME,. the undersigned Notary Public in and for
said County and State, .on.this day personally. appeared Paul
Winston, . owne.r>ofContractlnteriorsknownto me as the
person whose . name ...1.S subscribed. to the . foregoing instrumien1t.,
and acknowledged to me that he has executed the same foritlle
purposes and consideration therein expressed.
GIVEN under my hand and seal of office, this the i'i2bl~
day of Au'gust ,1989.
and for the
ACKNOWLEDGMENT
STATE OF TEXAS )
)
COUNTY OF BRAZOS )
BEFORE ME, the undersigned Notary Public in and for,
sai.d County and state, on this day <personally appeared. Lar:ry- -- ""
Ringer, Mayor of. the city of College station, :Texas; known~ ,to. ;--.
me. as the person whose. name is . subscribed to the foregoing .~
i.nstrument, and .acknowledged.to metha thehas executed thfe
s.amefor the purposes and consideration therein expressed.
GIVEN under my hand and seal of office, this the _
day of September, 1989.
Notary.Public in and for the
state. of Texas
DEVELOPMENT AGREEMENT
THIS AGREEMENT is entered into by and between Ricky Miller,
Inc. doing business as Sneakers Restaurant (hereinafte.r re--
ferredto asSNEAKERs),palllWinston, Contractor) doing busi-
nessasand Contract Inter.iors ,Inc., andRafterB . Ventures
by and through itsmana.ging partner, M..L. (Red)Cashionx
(hereinafter referredt9Cis VENTURE), and the City of
Collegestation,.a.Texa~ Municipal Home Rule Corporation
(hereinafter referred to .as CITY).
WHEREAS, SNEAKERS has constructed a restaurant at 504 HarvE~y
Road located within the city limits of the City of College
station;
WHEREAS, SNEAKERS has . leased the real property at 504 HarvE~Y
Road fromVENTUREi .saidproperty>beingmoreparticularly a
1.50 acre tract of land . lying and ... being situated in the
Morgan Rector League, .... Abstract No. 46 ,College station,
Brazos County and. being comprised of a called .. .888 acre
tractconveye<i>fromShelleyJ. Cashion, et aI, to Raft~r B
Ventures as.des.cribed.. by..deed recorded in.. Volume .531 Page ~!2
of the. Deed Records of/Brazos county, T.exasand the'c~lled
.572 acre remainder of.th~>samel.46 acre traqt conilTDyed
fromWilliam.R. M~ller as... described . bydeedsrecord.ed in
Volume 253jPage4 74andVOl.\1me 253 J Page 417 of the
Deed Records of Brazos County Texas and said 1.5 acre trac1:
being more particularly described as follows:
BEGINNING at a 1/2" iron rod set marking the
north corner of . said .1. 50 acre tract and the wes1:
corner of a 7.108 acre .tract conveyed from May-
field-Wilkerson-JeffersonPartnership#3to Al-
lied Bank-Austin, as described. by deed recprded in
Volume 1027 page 304 of the Official Reco;rdsof
B. raz. os.. county.,.. T...e. xa. s.....'. and. . lyin. 9 in th.e sou...t... heast
right-of-way line in Highway-30. A 1" diiameter
ironrod.foundmarking the west corner ofl Wood-
stock, section One as shown by plat recorded in
Volume 436, Page 481 of the Deed Records of
Brazos County, Texas, bears N 45 36'.00" E at a
distance of 911.46 feet;
THENCE S 45 23' 18" E . with the southwest line o:f
said 7. 108 acre tract at a distance of 323.61
feet pass <a 1/2" iron rod set fora reference
monument, continuing for a total distance of
373.61.feet to a point for corner in the center-
line of Wolf pen Creek;
THENCE with the centerline of Wolfpen Creek for
the following calls:
N 85
S 63
S 78
S 83
08'47"'W41.04 feet
34' 19" W 50.64 feet
13' 52" W 54.63 feet
43' 50" W 57.31 feet
THENCES32 32' 07" Wfer a distance of 39.42
feet with said creekcenterlinetoa point for
corner and being in the northeast line of that
same 12.18 acre tractconveyed.fromDebraE. La-
cour McLaughlin ,et a.lto>Lacour Investments ,as
described in Volume 398, Page 768 of the. Deed
Records of Brazos County, Texas;
THENCEN52 05' Oo"wwiththesouthwestline of
saidcalled.1.46 acre tract and said 12.18 acre
tract, 'at a distance of 50.>00 feet pass a 1/2"
iron red set fora reference monument, continuing
for a total distance of 273. 19 feet toa 1/2"
iron rod set <for corner, and lying in the south-
east right-of-way line of Highway 30;
THENCEN45 36' 00" E fora distance of 228.00
feet with said right-of-waylinetothe.PLACEOF
BEGINNING and containing 1.5 acres of land, more
or less.
WHEREAS, CITY re'quirescompliance with its building codes
for the construction of structures within the city limits;
WHEREAS, CITY furnishes electric, wate.r and sewer utility
service within the · city limits pursuant to itscertificate~
of. convenience and necessity;
WHEREAS,asa condition .of, the provis:ion of electric, wate~r
and sewer service,. CITY requires the installation of
drainage facilities :incompliance with the city of College
station orainage ordinance and. with the City of College
station Wolf Pen Creek, both as approved by the city counc:il
of the City of College stat:ion for the purpose of providing,
protecting.and maintaining.dI:"aina.ge.to the property and
other adjacent properties impacted by the development;
WHEREAS, VENTURE and<SNEA~RShaveappliedfor abuilding
permit and as a part of the permit process .submitted a de.-
velopmentpermitapplication as required by the drainage or-
dinance;
WHEREAS, CITY approved the drainage development permit ap--
plicationas.submitted;
WHEREAS ,INTERIORS has failed to construct the drainage im-.
provements asdepicted>byVENTUREand'SNEAKERS on the pro-
ject diagram in the development application;
WHEREAS, INTERIORS .. has dumped concrete and otherconstruc-
tiondebrisin .the . floodway of. the premises incontraventic)n
of the drainageordinance.andthe development permit;
WHEREAS, INTERIORSh.as completed all otherconstructionnec:-
essary in order.toreceivea .certificate. of occupancy;
WHEREAS, SNEAKERS and VENTURE have indicated to CITY that
they intend to construct the drainage improvements as re-
quired by the City of College station;
WHEREAS , SNEAKERS. I INTERIORS and VENTURE request that a tel1tl-
porarycertificat.e of occupancy be granted to SNEAKERS dur-
ing the pendency of the construction of the.drainage im-
provementsas required by the.development permiti
WHEREAS, CITY policy requires the 'withholding of the cer-
tificate of occupancy until all requirements have been met"
including the construction of drainage improvements pursuaIlt
to the issued ,drainage permitiand
WHEREAS, CITY policy requires that utility service not be
provided until acertificate.of occupancyisgrantedi
NOW THEREFORE, for and in considerati'on of the recitations
listed above and . the covenants and agreementsprovi~ed belc)w
the parties agree as follows:
1. This agreement shall be subject to subsequent rat:l-
fication .liy .. the. City Council at.themeetingofSeptember 14,
1989. Intheeventthatthisagreem~ntis not ratified by
the city Council of the CityofCol>legeStationitis undeJr-
stood by-and. . between theparties...t.hat this. agreement will .: .
not beeffective~nd all utility service to the!. premises
will. be terminated ... immediatelY\lIltil.all condit!ions.of the
building permit are complied with in<accordancewith the
codes, ordinances and policies of the city of College
station.
2. Upon the execution of this agreement, subject to
the provisions.of section1.herein, SNEAKERS is allowed to
util ize ... the . property provisionally. under a ..temporary cer-
.tificateof o~cupancy . for a period of. thirty..days from the
date. of approval of this agreement., .It is further. under-
stood byandibe1:weenthep~:r1:iestpatvENTURE, SNEAKERS and
INTERIORS will provide a bond, <valid fora periOd of forty-
five (45) days from the>dateof the execution ,of th.is agre~e-
ment, in the amount of $30,000 pursu,ant to the Engineer's
Estimate in the . amount of<$29,92S.00attachedhereto as Ex.-
hibit A,which bond is provided herein as a guarantee to se-
cure the construction of the drainage improvements as dic-
tated by thedeveloprnent permit.
3. In the. event that the drainage improvements are n10t
completed in compliance'withthe permit on or before the
thirtieth day after the execution of this agreement then
CITY shall be entitled to draw against the bond in the full
amount. If CITY drawst,he funds secured by the 1:>ondbased
upon the failure toco~s.tructthe improyements then CITY may
construct and/or completethedrainage>improvements at its
discretion. Anyothert>arty may.<upon its own initiative
constrUct and.complete~he drainageimpr.ovements .in compli-
ance with the permit however, the funds drawn by the. bond
shall be nonrefundable.
4. In the event that the drainages improvements are
not completed in accordance with the development permit
thirty days ..from the execution of this. agreement then CITY
shall.. revoke the. temporary certificate of occupancy and no
certificate of occupancy. shall be.granteduntilall CITY
codes, ordinances and policies are complied with.
5. It is further agreed that water, sewer and electr'ic
utility service shall be provided to the premises under th.e
temporary certificate of ...occupancy. In the event that CITY'
revokes . the .. temporary certif icateof. occupancy, CITY shall
cease providing water, sewer and electric utility service to
the premises . until the drainage improvements are complet.ed
in cOIllpliancewitbthe. drainage development permit, none of.
the.. parties, INTERIORS, SNEAKERS or VENTURE, shall pe enti.-
tIed to receive utility service at the premises.
6 . The parties agree that. in the event SNEAKERS, doe~s
not cease.utilizing the property at the location upon the
revocation of the temporary certificate of occupancy then
this agreement along with an affidavit from the City Man-
ager,. stating that the easement..has' :not been. -gran.ted).shall -
be sufficient evidence and a confession of judgment at an
injunction hearing.
7. In the event that SNEAKERS and VENTURE do not COD1-
plete construction of the drainage improvements and do not:
cease utilizing the property on or. before the thirtieth day
after the .. execution. of thisagreementthe.partieshereby
recognize and understands that.. for' each day on which the
premises are utilized, they.>shall be subject to a criminal
penalty not to exceed Two-Hundred Dollars.. ($200. 00) per dclY.
8. The parties hereby agree that upon execution of
this agreement they. shall provide proof of authorization t:o
sign, which proof shall be attached hereto and incorporatE~d
as Exhibits Band C.
9. It is understood that this agreement shall be gov-
erned by ,and const.rued and enforced in accordance with, and
subject to,the.lawsofthe State of Texas. The parties
further agree that venue shall lie in a court of competent
jurisdiction in Brazos County, Texas.
10. The parties agree that they have read the "terms of
this agreementand.familiarizedthemselveswith.the require-
ments hereunder and agree ..thattheyunderstand their rights
and responsibilities hereunder.
11. It is understood and agreed that this agreement
shall be binding upon and shall inure to the benefit of the
parties and their respective heirs, representatives, succes-
sors ,and ..assigns.
12. It is understood that this agreement.containsthe
entire agreement between the parties and supercedes any and
all prior agreements, arrangements, or understandings be-
tween the par-ties relating to the subject matter. No oral
understandings, ..statements I promises or inducements contrary
to the terms of this agreement exist. This agreement canno.t
be changed or terminated<orally.
13. This agreement shall' be filed of record in the
Official Records ofBra~,osCounty ,Texas.
IN WITNESS. WHEREOF, ..the parties have executed this agreemen1t
on the 30th day of August, 1989.
BY:
Ricky Mille:-, Inc.
By:~d.~
Richard A. Miller -
aors, .-J:n~
CITY OF COLLEGE STATION
BY: .
Mayor Larry Ringer