11-DELIBERATE/ACT ON RES AUTHORIZING FINAL PAYMENT OF $10,359.06 AND CLOSING CONTRACT WITH SPANN CONCRETE CONSTRUCTION FOR PERISTYLE

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Jun UEi 1?Uy:'~'La 5pann C;c^c=ete 36/05l2@12 15:18 9037041798 TIiE STATE OF'Z'EXAS COUNTY OF LAMAR CITY QF F'ARIS yu:s-~~~Z -(3~) I 5 P, I r•AGE Q2%63 CQNTRACTOR'S AFFIDAVIT OF FIPIAL PAYMEN'i` AND RELEASE BEFQRE )4E,- 1 the undersigrted authority, on this day personaUy appeared wtxo, after being dulg sworn, deposes and says that he is of Spann Concrete Construction, i.LP a I,imite d Yarmers}iip of Lamar eounty, State of Texas (the "Contractor"), wYzich said CQntractor was nwarded the eontract dated Becember 20, 2010, fo: the Feristyle renovation project in Bywaters Park ("The Work") for a torat cnnsideration of 'TWO HUNDRED FQR'I'Y PQIJR THOUSAa D FQRTY yINE UC7LLARS AND 03 f 1Q0 (244,049,03). The Leadership in l,atnar Coun.ty of 2009-2010 paid $68,055.67. Keep Paris Beavtiful paid $10,000A0, Movies ln the Park paid $1200.00 and $13,975,87 t,vas paid tiy The City of Paris fram ttie Hotel MOtei Tax for E(istoric PreservatSon use. The balante due is Ten 'fhoUSand Three Hundred Fifty iNirte Aaitars and 06Ji04 ($10.359.06) tv be paid to Spann Loncrete Construction, L:.P ("CotttracCar") anu the affiant has full power arsd aukhority to make this afFdavit- That the City of Paris (the "Owner") has approved the final payment and that the said Co»tracto: has fuliy satisfied and paid any and at] claims that may be covered by Chaptee 53 of the T'exas Property Code, and Ar;icle 5160 of the Revised Civil 5tattttes ot'the State of Texas or any nther apnlicable statuCes or charter provisions, and that all just bi?Is `or labor, equipnlenG and materSals have been paid and disclaarged by said ContYactor inscfar as they pertain to the Work itt question. That in addition LQ any funds which rnay have been previously paid by the Owner, the Contractor hereby accepts the amoun: of 'Z'en Thausand Three Hundred Fiity NiTte Dtillal's and 06/104 ($10,359.06), as EULL AND FINAL PAYMENT under fine aforemencioned Co:itraa, and hereby Watves and releases any right Affiant and/'or the Contrac:tur may hdvc to pursue claims of any nature against the Owner arising out of our in any manner caanected wiCh the perforrnance of the Work and/or the Contract, including but not Iimitcd to claims of third oartie5 :hat sugplied material and/or tabaz for the Work for or thrvugh the Contractc+r ("SubMnti'Af.tnr,"), as wf-tl ar, claim.s far detay, additionai cflmpensation or for recavery of liquida:ed darnages which may have been w3thheld by t-he Owner. The Contractor $hali defend, hold harmless ar.d indernnSfy the Qume.r Froza any such c'iaims of such 5ubcontractors. The Contramr further releases the Owner from ar.y daim or liabiIiry arising from any act or neglect of t.he Owmer related to ar connerted with the Cpntract. This afficiavit, is gaven pursuant to tfie final pa,vment pravisions of the eontracG and shail not be deemed to altei- or rnodify the terms and provisidns of said Contrac' • ~