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.
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ATTEST:
~~","~,,~~~
M.Arr,p r.llnning am. .tv k
CONTRACT FOR UPGRADING OF SUNRISE
ESTATES LIFT STATION
STATE OF TEXAS
COUNTY OF LAMAR
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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'
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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: