2012-062 RES AUTHORIZING FINAL PAYMENT OF $10,359.06 TO SPANN CONCRETE CONST LLC FOR PERISTYLE RENOVATION PROJECT IN BYWATERS PARK

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Jun UEi 12 Vy:b"La 5pann (;o^crete 0Et05i 2012 16;18 9037041798 TTiE STATE QF'~EX-kS COUNTY OF LAMAR CI1Y 'lF PARIS yu:s-y~~-~y? 5 n"l ,P,AGE 02% f93 CONfiRACTOR'5 AFFInAVIT OF FINAL PAYMENT ANA RELEASE BEFQgE ~ME. ^ the undersigrted authority, on this day Personally appeared ("dffianl") wtzo, after being duly, sworn, dcposes and says that he is r-J•` of Spann Cpncrete Construction, i.LP a T,:mited Partners}iip of Lamac County, Stote of Texas (the "Cantractor"), which said Contractor was awarded thg contrart dated December 20, 2010, Fo: the Peristyle renovadon project izt Bywaters Park ( xhe Work") for a total cnnsideradon of TWO HUNDRED FORTY FQUR THOtISAND FORTY y1NE DULLAFtS AVD 03J100 (244,049,03). The Leadership in Lamaz' Cour.ty class of 2009-Z010 paid $68,055,67, Keep Paris Beautifu) paid $10,000.00, Movies ln the Park paid $1200•00 and S13,975.87 vvas paid by The City of Paris from tfie Hotel MOtei Tax for Hiscoric Preservation use. The balance due is Ten Thoasand Three Hundred Fifty Nine Dotlars and 06/140 ($10.359A6) to be paid to Spann Concrete Construccion, LLP ("Cpniractor') anr's the affiant has `ull power and aukhority to make this affidavit. That the City of Paris (the "Owner") has approved the 5nal payment anc3 that the said Co»tractor has fuliy satisfied and paid any and alI claims that may be covered by Chapter 53 of the Texas i'rope:ty Code, and Ar;icle 5160 of the Revised Civil Statutes of Che State of labor, Texa-. ar any nther appiicable st.atutes or chartet prDVisions. and that ail iust bills far, equipment, and materials have been paid and d•,scharged by said Contractor insofar as they pertain to the Work in question. 'fhat in addition io any furads which rnay have been previausly paid by the Owner, the ContraCtar her.eby accepts the amount ofTen Ttaousand Three Hundred FSfiy Ni1te UOliars and 06/100 ($10,359.06), as EUI.I. AND FINAL PAYMFNT under the aforementioned Contract, and ktes'eby wpives and releases any right Affiatit and jar the Gantraclor may have to pursue cIaims of any nature against the Owner arising out of aur in any mannet cannect+ed with Che performance of the Work and/or the Conttact, including but not limitcd to claims of third parYies that supplied material and/vr IaboK for the Work for or through the Gontractar ("Snbcontractnrs"}, as we11 ar claimc far delay, additionai cornpensation or Ior recovery of liquidased darnage5 Which may havP been withheld by the dwner. The Contractoc shaIl defend, hn)d harmless ar.d indemnify the Ow»er from any such claims of suGh Subcontractors. The Contractor further releases the Owner frotn any claim or liability arising from any act or neglect o( the Ovvner related to flr connetted with the Contrai-t. This affidavit, is gaven pursuant to the final pa,vrnent provisfons of the contrart, and shall not be deemed to alter or rnodify the terms and provisitins of said Gontrac:. f) ~ r 4~