HomeMy WebLinkAboutMiscellaneous~~~`
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~•, CITY OF COLLEGE :TAT
LEGAL DEPARTMENT
`/ POST OFFICE BOX 99fi0 1101 TEXAS AVENUE
COLLEGE STATION, TEXAS 77842-9960 ~ , r
(409) 764-3507 SIN
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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..
AfJi~ ~7~ '9~ ~'~~~J F'.1
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