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HomeMy WebLinkAboutMiscellaneous~~~` ~v ~ ~•, CITY OF COLLEGE :TAT LEGAL DEPARTMENT `/ POST OFFICE BOX 99fi0 1101 TEXAS AVENUE COLLEGE STATION, TEXAS 77842-9960 ~ , r (409) 764-3507 SIN ////A111///~!/ V' ~ i MEMORAN-DUM ~~ TO: Shirley Volk, Development Coordinator FROM.:. Roxanne Nemcik, Assistant City Attorney RE: Performance Bond - Sidewalk Improvements DATE:.. December 30, 1993 The bond as changed by the Legal. Departmen# was accepted: by Anco. See attached letter. Therefore, Lot 2 of the Lodgeco Subdivision. has .posted an acceptable financial guarantee. A copy of the original bond is attached. The original is in the Legal Department file if you need it. RN:di Attachment cc: Veronica Morgan 12/30193 d/chvinword/december/appleyby BOND #BBD12872310460 -Continental Insurance.`. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, ROSSCO HOLDINGS, INC. AND.,LODGECO PROPERTIES, L.T.D. as Principal, hereinafter called the Principal, and THE FIDELITY AND CASUALTY COMPANY OF NEW YORK a corporation organized and existing under the laws of the5tate of NEW YORK. with its. o ' t 180 .Maiden Lane, in the City of New York, New York, as Surety, hereinafter called the Surety, are held. andf' y u to CITY OF COLLEGE `STATION as Obligee, hereinafter called the Obligee,.in thejust and full sum of THREE THOUSAND SIX HUNDRED TWELVE AND NO/100---------------------------------=--------------------------------- Dollars, to the payment of which. sum well and truly to be made, the said Principal and Surety bind themselves, their respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. is required to construct improvements in his subdivision Whereas, the Principal leas-eatere~-iflto-a-certain-wfit~ten-c-ontr~t-vvit~h-tf~e-9~ligee;-dated-tt~ ~~pr~iSro~ .--to wit; a sidewalt~~'~;~ on lot 1 '-~~-- , L:oO~E:GO Pursuant to chal,ter 7, sections?-$ of the City of College Station Code of Ordinances -~,,r~n~DAL~Ea-TV~~ 3~-S~i~R~1AZK which Ordinance whieh-eer~t~t 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 suchahat, if the Principal shall faithfully perform all of the obligations of the Principal under the contract, and shall fully indemnify and save harmless he Obligee. from all cost and damage which the Obligee may suffer by reason of he failure of the Principal so to do and shall fully reimburse and repay the ~ Obligee all reasonable outlaysand expense which the Obligee may incur by reason of such failure; then this obligation ,\ shall be null and'void; otherwise it shall remain in full force and effect. `~. The foregoing obligation, however, is limited by tfie following express conditions, the performance of each of which shall be a condition precedent to any right of claim. or recovery hereunder. 1. In the event of any default on the part of the Principal, a written statement of the particular facts showing the date acid nature of'such default shall be given by the Obligee.. to the Surety as promptly as possible after such default has become known to the Obligee, and shall be forwarded'by registered mail to the Surety. ; 2. If the'. Principal shall fail to comply with the provisions. of the contract to such an extent that the contract shall be forfeited, the Surety will have the right and opportunityto assume the remainderof the contract and at its option to perform or sublet the same. 3. No action, suitor proceeding shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within twelve (12) months after completion of the work specified in said Contract, whether such work be completed. by the Principal,. Surety or Obligee; but if there is any maintenance or guarantee period provided in the contract for which said Surety is liable,an action for maintenance may be brought within three (3) months from the expiration of the maintenance period, but not`afterwards. Signed and sealed this 17TH day of DECEMBER A.D. 19 93 ROSSCO HOLDINGS,...INC. AND LODGECQ PROPERTIESy, L.T,D ....... . .... ..(Seal) Principal.. By: .. .... ... ....... THE FIDELITY AND CASUALTY COMPANY OF NEW YORK ..(Seal) ' Surety. f . ............... h4-^nC~J i~jo~n~,u;m By: ...,. ......................y FRANCES BARNUM Attome -In-F ct #AUNICIPAI DEVELOPMENT GROUP ~[~~~j'[,(~ O(~' T~~3ab~S~il O~QL~ P.O. Box 4249 203 Holleman Drive East College Station, Texas 77840-9249 OATt - JOB MO ~~ -~ (409) 693-5359 .m»T,p« wt TO -_ P_,1_~l V ~- fc i - WE -ARE SENDING YOU Attached 0 Under separate rover via the following items: O Shop drawings ^ Prints ^ Ptans O Samples ~ Specifications- O Copy of letter O Change order O COPIES DATE NO. DESCRIPTION . '~ Sri ~L/ear~~ ~p D~~ C'Ar~~c~-rr~' ~SW~~~-~. ~ S o~o C l 1 c~ THESE ARE TRAtVSMITTEO as checked below: D For ' approval ^ .Approved as submitted ^ Resubmit copies' for approval O For your use ^ APProved as noted ^ Submit copies for distribution ^ As requested ^ .Returned for corrections O Return corrected: prints For review' and comment ^ D FOIL B OS DUE 29 L7 PRlf+ITS RETURNED AFTER. LOAN TO l1S REMARK ~ Bt / _. COPY TO s~cKEO: ~ N ~+wN JJr~ wst » w~a4 ~ ~f w ~t Msg. P~°'inted by S Volk 8/12/94 12:23pm ---------------------------------------- From: E Hard To: S Volk .Subject: Lodgeco Sub Driveway (fwd), ====NOTE_______________ 8/12/94 11:03am= CC: J Kee sorry I'm just now getting to you on this. Only one curb cut will be allowed on Texas. Provisons were made in the development of Applebee's to connect to their parking aisle for the purpose of sharing a driveway with this site. According to graphic they .provided showing locations of existing driveways, their single driveway they will be allowed should be located on the south side of the tract in order to offset it as far as poissible from an opposite drive to the north. Would you like me to call them? =Fwd by: S Volk_________________________ Fwd to: E Hard That would be great if you have the time to do it today. That .way, if they have any additional questions, you can take care of them on .the one phone call. Thanks. I will print this and put a copy with the stuff for when we begin a file on this.. 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