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1987-076-RES WHEREAS, F.V.M.C. Partnership did heretofore on the 1st day of October 1984, execute a Guarantee of RESOLUTION NO. 87~076 WHEREAS, F.V.M.C. Partnership did heretofore on the 1st day of October 1984, execute a Guarantee of Construction secured by a $10,000.00 Certificate of Deposit dated October 1, 1984, being No. 212709-1; and, WHEREAS, the City Engineer of the City of Paris has determined that the upgrading cost of the Sunrise Estates Lift Station should not exceed a total cost of $4,883.00; and, WHEREAS, due to the uncertainty as to when such upgrading will become necessary, it is right and proper for the City of Paris to accept said estimate as the actual future upgrading cost and to proportion the same between the beneficiaries as follows: $3,906.40 to be paid by F.V.M.C. Partnership and its Assigns, and $976.60 to be paid by J-IO Commercial Development, and upon the payment of said sums that said participants will forever be released from any obligation for the upgrading of the Sunrise Estates Lift Station; and, WHEREAS, the form of contract attached Exhibit A, together with this Resolution will said purpose and should be approved as to THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That upon deposit of $4,883.00 for the future upgrading of Sunrise Estates Lift Station, that the $10,000.00 Certificate of Deposit heretofore deposited for the same purpose be released by delivery of the Certificate of Deposit and execution and delivery of the Contract for Upgrading of Sunrise Estates Lift Station, in the form attached hereto as Exhibit A which is in all things approved; and, hereto as accomplish form; NOW, BE IT FURTHER RESOLVED, That the Mayor of the City of Paris, Billy Joe Burnett, be and he is hereby authorized and directed to execute the Contract for Upgrading Sunrise Estates Lift Station in the form of Exhibit A attached hereto. Passed and adopted this 13th day of July, 1987. ~~~ ATTEST: ~~","~,,~~~ M.Arr,p r.llnning am. .tv k CONTRACT FOR UPGRADING OF SUNRISE ESTATES LIFT STATION STATE OF TEXAS COUNTY OF LAMAR ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS: THAT, the CITY OF PARIS, Paris, Texas, a municipal corporation, acting by and through its Mayor, Billy Joe Burnett, duly authorized, hereinafter called CITY and F.V.M.C. Partnership, by and through its Managing Partner, Eddie Vincent, hereinafter called F.V.M.C., and Mark Jones and Bobby Smallwood, as Developers of J-10 Commercial Subdivision, hereinafter called J-10, do hereby contract and agree as follows: 1. This contract relates to and partially releases Guarantee of Construction between F.V.M.C. and CITY, executed on the first day of October, 1984, wherein F.V.M.C. did deposit with CITY, a $10,000.00 Certificate of Deposit dated October 1, 1984, bearing number 212709-1, drawn by Paris Savings and Loan Association, Paris, Texas, which, or a substitute, remains on deposit with CITY. 2. The above described Certificate of Deposit is released upon the deposit of $3,906.40 by F.V.M.C. and $976.60 by J-10, which is the amount that has been determined by the City Engineer of the City to be the proportionate cost of each attributable to the Windsor Estates Development, developed by F.V.M.C. and the J-10 EXHIBIT A Commercial Subdivision, for the ultimate upgrading of Sunrise Estates Lift Station, such upgrading estimated at a total cost of $4,883.00. 3. Upon the deposits herein required, and the execution of this contract by all parties thereto, the Director of Finance of the City of Paris, W. E. Anderson, is hereby authorized and directed to release the above described $10,000.00 Certificate of Deposit to F.V.M.C. by delivering the same to its Managing Partner, Eddie Vincent, in trust for said partnership and its assigns. Executed in triplicate this day of July, 1987. CITY OF PARIS By: Billy Joe Burnett, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney F.V.M.C. PARTNERSHIP By: Eddie Vincent, Managing Partner Assignee of F.V.M.C. Partnership J-10 COMMERCIAL DEVELOPMENT By,~J~ope' ~~ ---- By: Bo y Sma ~od,Developer STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Eddie Vincent, Managing Partner of F. V .M.C. Partnership, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowl- edged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ____ day of July, 1987. Notary Public, State of Texas Printed Name: My commission expires: STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Mark Jones and Bobby Smallwood, Developers of J-10 Commercial Subdivision, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this If!:li day of July, 1987. STATE OF TEXAS S COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared , Assignee of F.V.M.C. Partnership, 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 considera- tion therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of July, 1987. - Notary Public, State of Texas Printed Name: My commission expires: STATE OF TEXAS S COUNTY OF LAMAR S BEFORE ME, the undersigned authority, on this day personally appeared Billy Joe Burnett, Mayor of the City of Paris, 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 and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13th day of July, 1987. Notary Public, State of Texas Printed Name: My commission expires: