07-Approving final payment and closing the contract with Richard Drake Construction Co.

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THE STATE OF TEXAS COUNTY OF LAMAR CONTRACTOR'S AFFIDAVIT OF FINAL PAYMENT AND RELEASE BEFORE ME the undersigned authority, on this day personally appeared ("affiant") who, after being duly sworn, deposes and says that he is of Richard Drake Construction Company, LP a Limited Partnership of Lamar County, State of Texas (the "Contractor"), which said Contractor was awarded the contract dated August 25, 2008, for the Trail de Paris extension between SE gtn and 12th Streets ("The Work") for a total consideration of One Hundred Twenty-Two Thousand Three-Hundred Six Dollars and Fifty/100 ($122,306.50). The majority of this section was funded through a Texas Parks and Wildlife Recreations Trail Grant in the amount of $120,000.00. The Kiwanis, Keep Paris Beautiful and the Chamber of Commerce provided $5,000.00 each and Lamar Power Partners donated $2,500.00. The balance due is Twelve Thousand Two-Hundred Thirty Dollars and 65/100 ($12,230.65) to be paid to Richard Drake Construction Company, LP, ("Contractor") and the affiant has full power and authority to make this affidavit. That the City of Paris (the "Owner") has approved the final payment and that the said Contractor has fully satisfied and paid any and all claims that may be covered by Chapter 53 of the Texas Property Code, and Article 5160 of the Revised Civil Statutes of the State of Texas or any other applicable statutes or charter provisions, and that all just bills for labor, equipment, and materials have been paid and discharged by said Contractor insofar as they pertain to the Work in question. That in addition to any funds which may have been previously paid by the Owner, the Contractor hereby accepts the amount of Twelve Thousand Two-Hundred Thirty Dollars and 65/100 ($12,230.65), as FULL AND FINAL PAYMENT under the aforementioned Contract, and hereby waives and releases any right Affiant and/or the Contractor may have to pursue claims of any nature against the Owner arising out of our in any manner connected with the performance of the Work and/or the Contract, including but not limited to claims of third parties that supplied material and/or labor for the Work for or through the Contractor ("Subcontractors"), as well as claims for delay, additional compensation or for recovery of liquidated damages which may have been withheld by the Owner. The Contractor shall defend, hold harmless and indemnify the Owner from any such claims of such Subcontractors. The Contractor further releases the Owner from any claim or liability arising from any act or neglect of the Owner related to or connected with the Contract. This affidavit, is given pursuant to the final payment provisions of the contract, and shall not be deemed to alter or modify the terms and provisions of said Contract. CXHIBfT A 26