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HomeMy WebLinkAbout2011-3333 - Ordinance - 04/28/2011 ORDINANCE NO. 2011-3333 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING A PARTICIPATION AGREEMENT BY AND BETWEEN THE CITY AND 3-D DEVELOPMENT, LLC FOR THE DEVELOPMENT OF THE CASTLEGATE II SUBDIVISION, SECTION 200 PROJECT AND AUTHORIZING THE EXPENDITURE OF FUNDS. WHEREAS, 3-D Development, LLC is a developer developing the Castlegate II Subdivision, Section 200 Project; and WHEREAS, as part of said development, the construction of certain public infrastructure is required; and WHEREAS, pursuant to Section 212.071 et seq. Texas Local Government Code the City of College Station and the developer have agreed to jointly participate in the construction of certain public infrastructure to wit: the Castlegate 11 Subdivision, Section 200 Project ("Project") as further set forth in a Participation Agreement; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby finds it to be in the best interests of its citizens to enter into that one certain Participation Agreement with 3-D Development, LLC for the construction of the Castlegate II Subdivision, Section 200 Project. A copy of said Participation Agreement is attached as Exhibit "A" and incorporated herein by reference. PART 2: That the City Council hereby approves the contract with 3-D Development, LLC obligating the CITY to pay a maximum of $29,730.00 out of a total estimated amount of $195,563.00 for the labor, materials and equipment required for the improvements related to the Castlegate II Subdivision, Section 200 Project. PART 3: That the funding for this Contract shall be as budgeted from the Water Capital Improvement Projects Fund, in the amount of $29,730.00. PART 4: That this ordinance shall take effect immediately from and after its passage. ADOPTED this 28 day of April, A.D. 2011. ATTEST: APPROVED: City Secreta MAYOR APPROVED: QAA7q City Attorney EXHIBIT A TO ORDINANCE CITY PARTICIPATION AGREEMENT This Agreement is entered into this day of , 2011, by and between the City of College Station, a Texas home rule municipal corporation (hereinafter "CITY"), and 3-D Development, LLC, a Texas Limited Liability Company (hereinafter "DEVELOPER"). WHEREAS, DEVELOPER is developing property within the City of College Station, more particularly described as Castlegate II Subdivision, Section 200, College Station, Brazos County, Texas (hereinafter "Property") a description of which is attached hereto as Exhibit A; and WHEREAS, DEVELOPER is required to construct certain public infrastructure, such as roadways, utilities, sidewalks, drainage facilities, water and sewer facilities, etc. that relate to DEVELOPER'S proposed development; and WHEREAS, CITY is required or desirous of assuming some or all responsibility for construction of certain public infrastructure affecting DEVELOPER'S development; and WHEREAS, because of this and in order to comply with CITY's overall development scheme both DEVELOPER and CITY agree that it is in the best interests of the public to jointly construct certain identified public infrastructure; and WHEREAS, the City Engineer has reviewed the data, reports and analysis, including that provided by DEVELOPER's engineers, and determined that such public improvement qualifies for joint CITY-DEVELOPER participation; and WHEREAS, both parties agree as to the nature and proportion of joint participation as further recited herein and as may be required in accordance with section 212.071 et seq and Chapter 252 Texas Local Government Code; NOW, THEREFORE, for and in consideration of the recitations above and the promises and covenants herein expressed, the parties hereby agree as follows: 1. DEFINITIONS 1.1 Approved Plans means the plans and specifications that meet the requirements of this Participation Agreement, the City of College Station Codes and Ordinances and any other applicable laws and that have been submitted to, reviewed and approved by the City of College Station Development Services Department, the City Engineer. 1.2 CITY or College Station means the City of College Station, a Texas home rule municipal corporation located at 1101 Texas Avenue, College Station, Texas 77840. Contract No. City Participation Agreement Page 1 EXHIBIT A TO ORDINANCE 1.3 DEVELOPER means 3-D Development, LLC, a Texas Limited Liability Company whose principal office is located at 4490 Castlegate Drive, College Station, Texas 77845. 1.4 Effective Date. The date on which this Agreement is signed by the last party whose signing makes the Agreement fully executed. 1.5 Final Completion. The term "Final Completion" means that all the work on the Project has been completed, a written guarantee of performance for a one year maintenance period has been provided, all final punch list items have been inspected and satisfactorily completed, all payments to materialmen and subcontractors have been made, all documentation, and all closeout documents have been executed and approved by the DEVELOPER as required, all Letters of Completion and other CITY documentation have been issued for the Project, all reports have been submitted and reporting requirements have been met, and DEVELOPER has fully performed any other requirements contained herein. 1.6 Letter of Completion: A letter issued by the City Engineer stating that the construction of public improvements conforms to the plans, specifications and standards contained in or referred to in the CITY OF COLLEGE STATION UNIFIED DEVELOPMENT ORDINANCE. 1.7 Property means Castlegate II Subdivision, Section 200 and as further described in Exhibit A attached hereto and incorporated herein made a part hereof. 1.8 Project means the construction of a water main, as detailed in Exhibit B attached hereto and incorporated herein by reference. II. CITY COST PARTICIATION 2.1 Agree to Participate. CITY agrees to cost participate in the Project in the maximum amount estimated as set forth in Exhibit B, which is attached hereto and incorporated herein by reference. CITY'S actual rate of participation will be based upon the final actual cost of the Project as reflected by the breakdown of costs required pursuant to this Agreement but in no event shall exceed the maximum amount estimated in Exhibit B. 2.2 Public Bidding. The total estimated cost of the Project is as set forth in Exhibit B. If CITY's cost participation exceeds 30% of the total cost of the Project or is located within the extraterritorial jurisdiction of the CITY, then the Project must be competitively bid pursuant to Chapter 252 Texas Local Government Code, as amended. If CITY participation exceeds 30% of the total cost of the Project, CITY shall be responsible for advertising and obtaining bids or negotiating proposals for the construction of the Project. DEVELOPER shall pay for all costs associated with advertising, printing, and distributing plans and specifications for the Project. Contract No. City Participation Agreement Page 2 EXHIBIT A TO ORDINANCE If CITY's cost participation is 30% or less of the total cost of the Project and is located within the boundaries of the CITY, the Project need not be competitively bid. 2.3 Cost of Project. DEVELOPER's engineer's detailed cost estimate of the Project is attached hereto and incorporated herein as Exhibit B. 2.4 Application for Payment. Application for payment by the DEVELOPER to the CITY for payment to the DEVELOPER pursuant to the terms of this Agreement must include the following in a form acceptable to CITY: (1) Final Completion of the Project in accordance with the Approved Plans; (2) issuance of all Letters of Completion relating to the Project; (3) DEVELOPER's compliance with all CITY Codes, Ordinances and standards relating to the Project, the Property and its subdivision and development; (4) dedication of the land for the right-of-way either by plat or by deed relating to the Project; (5) a current title report as of the date of such land dedication and updated within sixty (60) days of the date of this Agreement; (6) lien releases or subordinations from all lenders as required by CITY; (7) Proof that all guarantees of performance and payment as set forth in this Agreement have been met, including all bond requirements when applicable; and (8) A breakdown of actual costs of the Project with supporting documentation, including all payment receipts. 2.5 City Participation Payment. DEVELOPER shall submit the written application for CITY participation payment within thirty (30) days after issuance of all Letters of Completion relating to the Project or DEVELOPER shall be ineligible to receive the CITY participation payment specified in this Agreement and CITY's obligation to cost participate shall terminate without any liability. Applications may not be submitted prior to Final Completion. CITY will pay its participation funds in one payment within thirty (30) days after receipt of a complete written application for participation payment from DEVELOPER. 2.6 Reports, books and other records. DEVELOPER shall make its books and other records related to the project available for inspection by CITY. DEVELOPER shall submit to CITY any and all information or reports requested to verify the expenditures submitted for CITY participation eligibility including but not limited to bid documents, payment applications, including any supporting information, cancelled checks, copies of construction and engineering documents, as determined by the City Engineer in his sole discretion, for the verification of the cost of the Project detailed in Exhibit B of this Agreement. The submission of these reports and information shall be the responsibility Contract No. City Participation Agreement Page 3 EXHIBIT A TO ORDINANCE of DEVELOPER and shall be certified by DEVELOPER's Licensed Professional Engineer at DEVELOPER's expense and signed by an authorized official of the entity. III. GOVERNMENTAL IMMUNITY, INDEMNIFICATION AND RELEASE CITY is a political subdivision of the state and enjoys governmental immunity. By entering into this Agreement, CITY does not consent to suit, waive its governmental immunity, or the limitations as to damages under the Texas Tort Claims Act. DEVELOPER agrees to and shall indemnify, hold harmless, and defend CITY and its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, expert fees and attorney's fees, for injury to or death of any person, or for damage to any property, or for breach of contract, arising out of or in connection with the work done by DEVELOPER under this Agreement, regardless of whether such injuries, death, damages or breach are caused in whole or in part by the negligence of CITY, any other party indemnified hereunder, or the DEVELOPER. DEVELOPER shall indemnify and hold CITY harmless from any claims of suppliers or subcontractors of DEVELOPER for improvements constructed or caused to be constructed by DEVELOPER. DEVELOPER shall indemnify and hold CITY harmless from any and all injuries to or claims of adjacent property developers resulting from or relating to their performance under this Agreement. DEVELOPER assumes full responsibility for the work to be performed hereunder, and releases, relinquishes and discharges CITY, its officers, agents and employees, from all claims, demands, and causes of action of every kind and character, including the cost of defense therefore, for any injury to or death of any persons and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with, DEVELOPER's work to be performed hereunder. This release shall apply whether or not said claims, demands, and causes or action are covered in whole or in part by insurance and regardless of whether or not said claims, demands, and causes of action were caused in whole or in part by the negligence of CITY, any other party released hereunder, or DEVELOPER. IV. PROJECT AND CONSTRUCTION 4.1 Right to Inspect the Work. CITY may inspect the improvements for compliance with the Approved Plans during construction. In the event that it is determined by CITY that any of the work or materials furnished is not in strict accordance with the Approved Plans, CITY may withhold funds until the nonconforming Contract No. City Participation Agreement Page 4 EXHIBIT A TO ORDINANCE work conforms to the Approved Plans or terminate this Agreement at CITY's election without any further liability. 4.2 Independent Contractor. DEVELOPER shall be solely responsible for selecting, supervising, and paying the construction contractor(s) or subcontractors and for complying with all applicable laws, including but not limited to all requirements concerning workers compensation and construction retainage. The parties to this Agreement agree and understand that all employees, volunteers, personnel and materials furnished or used by DEVELOPER in the installation of the specified improvements shall be the responsibility of DEVELOPER and shall not be deemed employees or agents of CITY for any purpose. 4.3 Payment for materials and labor. DEVELOPER shall be solely and exclusively responsible for compensating any of its contractors, employees, subcontractors, materialmen and/or suppliers of any type or nature whatsoever and insuring that no claims or liens of any type will be filed against any property owned by CITY arising out of or incidental to the performance of any service performed pursuant to this Agreement. In the event a statutory lien notice is sent to CITY, DEVELOPER shall, where no payment bond covers the work, upon written notice from the CITY, immediately obtain a bond at its expense and hold CITY harmless from any losses that may result from the filing or enforcement of any said lien notice. 4.4 Affidavit of bills paid. Prior to the issuance of a Letter of Completion of the improvements, DEVELOPER shall provide CITY a notarized affidavit stating that all bills for labor, materials, and incidentals incurred have been paid in full, that any claims from manufacturers, materialmen, and subcontractors have been released, and that there are no claims pending of which DEVELOPER has been notified. Such affidavit shall be in a form as substantially set forth in Exhibit C which is attached hereto and incorporated by reference. 4.5 Requirements of Applicable rules remain. This Agreement does not alter, amend modify or replace any other requirements contained in the Code of Ordinances, Unified Development Code, or other applicable law. V. GUARANTEE OF PERFORMANCE AND PAYMENT 5.1 Bonding Requirements of Developer. Where CITY participation is 30% or less of the total value of the Project, DEVELOPER shall execute a performance bond to ensure construction of the Project and shall ensure that its contractor performing the Project executes a payment bond to ensure payment to subcontractors, if any. The bonds must be executed by a corporate surety in accordance with CHAPTER 2253, TEXAS GOVERNMENT CODE. The bonds shall be in the total amount of the contract price as approved by CITY. Contract No. City Participation Agreement Page 5 EXHIBIT A TO ORDINANCE 5.2 Bonding Requirements of City. Where CITY participation is greater than 30% of the total value of the Project or when the Project is located within the extraterritorial jurisdiction of the CITY, the CITY shall ensure that the prime contractor of the Project execute to the CITY a performance bond and/or a payment bond as may be required pursuant to chapter 2253 Texas Government Code. VI. GENERAL PROVISIONS 6.1 Amendments. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 6.2 Choice of law and Venue. This Agreement has been made under and shall be governed by the laws of the State of Texas. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 6.3 Authority to enter into Agreement. Each party represents that it has the full power and authority to enter into and perform this Agreement. The person executing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The person executing this Agreement on behalf of DEVELOPER represents that he or she is authorized to sign on behalf of DEVELOPER and agrees to provide proof of such authorization to the CITY upon request. 6.4 Agreement read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 6.5 Notice. All notices and documents required herein shall be sent and provided to the parties at the addresses and telephone numbers listed below: DEVELOPER: 3-D DEVELOPMENT, LLC WALLACE PHILLIPS IV, MANAGER 4490 CASTLEGATE DRIVE COLLEGE STATION, TEXAS 77845 CITY: City of College Station With conies to: City Engineer City Attorney and City Manager P.O. Box 9960 1101 Texas Avenue College Station, TX 77842 College Station, TX 77842 Contract No. City Participation Agreement Page 6 EXHIBIT A TO ORDINANCE All notices and documents shall be deemed received when mailed with sufficient postage and deposited in a regular mailbox of the United States Post Office. The parties may change addresses upon thirty (30) days' written notice sent certified mail, return receipt requested. 6.6 Assignment. This Agreement and the rights and obligations contained herein may not be assigned by DEVELOPER without the prior written approval of the CITY. 6.7 Default. In the event of a breach of this Agreement by DEVELOPER, CITY may terminate this Agreement and exercise any and all legal remedies available to it. Executed this day of , 2011. List of Exhibits: A A description of the Property B Request Letter describing Project & Engineer's estimate of the costs of the Project C Affidavit of All Bills Paid form 3-D DEVELOPMENT, LLC CITY OF COLLEGE STATION BY: BY: Mayor Printed Name: Title: ATTEST: City Secretary APPROVED: City Manager City Attorney Chief Financial Officer Contract No. City Participation Agreement Page 7 EXHIBIT A TO ORDINANCE THE STATE OF TEXAS ) ACKNOWLEDGMENT COUNTY OF BRAZOS ) Before me, the undersigned authority, on this day personally appeared WALLACE PHILLIPS IV as Manager of 3-D DEVELOPMENT, LLC, a Texas Limited Liability Company, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. , Given under my hand and seal of office on this the day of , 2011. Notary Public in and for the State of Texas THE STATE OF TEXAS ) ACKNOWLEDGMENT COUNTY OF BRAZOS ) Before me, the undersigned authority, on this day personally appeared as Mayor of the City of College Station, a Texas home-rule municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the day of , 2011. 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' ~ E ~ .t... y J _ y a I ✓i'r al a Ha • • ~i'~dal " & j Ja+- I t S' rls. 1 j; JA 1§ ii i I a l I I r,"'4- 1 , J.R.-~ k ►i 2 Y I I F { i ~I i ~1 S~ ~.FPIi 'b► I iy I J.R. I sA I i I J.rs. jit3 ~ I I " i k " i J7b. N", I , JJS. 1 I m Jr I I l I tF Odell Lans c1 CA- IN i jp y R ;f I - ~ -4- a = e; V, 111 I'W h P-4 US Z b oQ ~ IV- OU-) e1 u~ ~ - a onpa V IIJO POIA '~[\I1H11.1'n' W ago s s jig[ 0 ~~P~1 66 p - pryiii~~~~•~ ~gp~pfltl§P~gRR p~ s k~ OR still eH aPi tarSm [ J ~I v J -~r r^ ~J Phillips Engineering Providing Civil Engineering Services to College Station and .Surrounding Coni nunities i 4490 Castlegate Drive, College Station, Texas 77845 (979) 690-3141 March 1, 2011 j Josh Norton Development Services City of College Station P.O. Box 9960 College Station, Texas 77842 RE; OVERSIZE PARTICIPATION REQUEST CASTLEGATE H SUBDIVISION, SECTION 200 COLLEGE STATION, TEXAS Dear Josh; With this letter I wish to initiate a request for Oversize Participation by the City of College Station for the 12" water line being installed with Section 200 of Castlegate H. This water line was designed to comply with the City's Water Masterplan which calls for a 12" line to parallel WS Phillips Parkway through the subdivision, The construction plans for the water system are included with this submittal for your review. They show a total of approximately 2113 feet of 12" line running along WS Phillips and Toddington. In the accompanying Water System Report, you will see that we have modeled the water system in the subdivision using 4", 6" and 8" lines. The model demonstrates that the system performs above minimum standards using these line sizes, We conclude that anything larger than an 8" line can be considered oversized. Also included with this submittal is an estimated cost of the water systems using 12" lines and another using 8" lines instead. The difference in cost between the two line sizes and the related fittings is $23,863, 1 believe this is a conservative number and that actual construction costs should not exceed that figure. I also estimate a cost of 3% of that figure for the performance and payment bonds which comes to $5,867. The total Oversize Participation request is for $29,730. This figure is approximately 15% of the overall water system cost and is well below the threshold limit of 30% where competitive bidding becomes a requirement. I ask that you review these accompanying documents and forward them to other staff members involved in the Oversize Participation process, Please let me luiow what subsequent steps we ned to take to move forward with this request. Thank you, Sincerel , Kent Laza, RE. Manager Phillips Engineering attachments CASTLEGATE II SUBDIVISION, SECTION 200 ENGINEER'S ESTIMATE OF OVERSIZE PARTICIPATION COSTS March 1, 2011 Item No. Description a st.lt Unit Unit Prlca Total Water System w/1211 lines 1 12" Water PVC CL200 (C900), CL200 Structural Backfll 659 LF 33.00 21,747 2 12" Water PVC CL200 (C900), CL200 Non-Structural Backfill 1,454 LF 29.00 42,166 3 8" Water PVC CL200 (C900), CL200, Structural Backfill 309 LF 24.00 7,416 4 8" Water PVC CL200 (C900), CL200 Non-Structural Backfll 1,038 LF 21.00 21,798 5 6" Water PVC CL200 C900 , CL200, Structural Backfill 45 LF 21.00 945 6 611 Water PVC CL200 (C900), CL200 Non-Stmotural Backfill 862 LF 18.00 15,516 7 20" Steel Casing Pipe, w/casing spacers and end caps 70 LF 90.00 6,300 8 14" Steel Casing Pipe, w/casing spacers and end caps 110 LF 75.00 8,250 9 Fire Hydrant Assembly (IncL 1211x61' tee, valve, bend & hydrant) 2 EA 3,500.00 7,000 10 Fire Hydrant Assembly lncl, 6"x611 tee, valve, bend & hydrant 1 EA 3,300.00 3,300 11 Connect to existing water line 2 BA 500.00 1,000 12 12" X 12" M.J. Cross 1 EA 750.00 750 13 12" X 8" M.J. Cross 1 EA 600.00 600 14 8" X 6" M.J. Cross I BA 500.00 500 16 8" X 8" Tee 1 400 15 12" X 12" Tee 1 EA 600LEA400.00 00 600 17 12" M.J. Onto Valve 3 5,400 18 811 M.J. Gate, Valve 6 7,200 19 6" M.J. Onto Volvo 3 2,550 20 12" X 45° MJ. Bend 6 2,400 21 8" X 45° M.J. Bend 7 EA 300.00 2,100 22 8" X 22.50 M.J. Bend 2 EA 300.00 600 23 1211x 811 M.J. Reducer 2 EA 300.00 600 24 811x 6" M.J. Reducer 1 BA 225.00 225 25 4" Blowoff Valve 3 EA 2,200.00 6,600 26 Blowoff Valve 3 EA 1,500.00 4,500 27 111 Water Service, < IS ft (avg length - 3 ft) 2 EA 600.00 1,200 28 1" Water Service, > 15 ft (avg length = 47 ft) 5 BA 1,100.00 5,500 29 1,511 Water Service, < 15 ft (avg length - 3 ft) 1 I EA 650.00 7,150 30 1,511 Water Service, > 15 ft av length - 47119 BA 1,250.00 11,250 Water System w/ 12" lines $195,563 Water System w/81111nes 1 811 Water PVC CL200 (C900), CL200, Structural Backfill 968 LF 24.00 23,232 2 8" Water PVC CL200 (C900), CL200 Non-Structural Backfill 2,492 LF 21.00 52,332- 3 6" Water PVC CL200 (C900), CL200, Structural Backfll 45 LF 21.00 945 4 6" Water PVC CL200 (C900), CL200 Non-Structural Backfill 862 LF 18.00 15,516 5 14" Steel Casing Pipe, w/casin spacers and end caps 180 LF 75.00 13,500 6 Fire Hydrant Assembly (Incl. 8"x6" lee, valve, bend & hydrant) 2 EA 3,300.00 6,600 7 Fire Hydrant Assembly (Inc], 6"x611 tee, valve, bend & hydrant) I EA 3,300.00 3,300 8 Connect to existing water line 2 EA 500.00 1,000 9 811 X 81' M.J. Cross 2 EA 600.00 1,200 10 8" X 611 M.J, Cross I EA 500.00 500 11 8" X 8" Tea 2 EA 400.00 800 12 8" M.J. date Valve 9 EA 1,200,00 10,800 13 6" M.J. Onto Valve 3 EA 850.00 2,550 14 8" X 45° M.J. Bend 13 EA 300.00 3,900 15 8" X 22.5° M.J. Bend 2 BA 300.00 600 16 12"x 8" M.J. Reducer •~~aa .a~~ ~1~ 2 BA 300.00 600 17 8"x 6 M,J, Reducer 1 EA 225.00 225 18 2" Blowoff Valve 10 6 EA 1,500.00 9,000 19 111 Water Service, < 15 ft (avg length= 3 ft) 0040 400 5%0#0 2 EA 600.00 1,200 20 111 Water Service > 15 ft av length - 47 ft a 5 BA_ 1,100.00 5,500 21 1.511 Water Service, < 15 ft (avg length - 3 ft) 9 ~ ^l 1 EA 650.00 7,150 22 1.5" Water Servlco > 15 ft av length - 47 ftO 9 BA 1,250.00 11122550 Water System w/8" lines $171,700 I Oversize Participation Estimate $23,863 THE STATE OF TEXAS COUNTY OF BRAZOS AFFIDAVIT OF BILLS PAID Before me, the undersigned authority, personally appeared ("Affiant"), of ("Contractor"), who being first duly sworn, deposed and state the following: "My name is I am over 18 years of age, of sound mind, capable of making this affidavit, and personally acquainted with the facts stated in it, which facts are true and correct. Pursuant to that certain contract, dated as of , 200_ (the "Contract") by and between the City of College Station, Texas, and Contractor furnished labor and materials to construct on the real property known as (more particularly described in the Contract) the "Project". To the extend that Contractor constructed or contracted for the construction of such Contractor has paid each of its sub-contractors, laborers and materialmen in full (except for statutory retainage) for all labor and/or materials provided to Contractor on the Project. To the best of Affiant's knowledge, Contractor has not received notice of any claims pending against the Project in connection with the described in the Contract. Further, Affiant saith not. Executed this day of , 200-. AFFIANT: Printed Name: SUBSCRIBED AND SWORN TO before me on this day of , 200. Notary Public, State of Texas