North Lake Cypress-CS131230CONSTRUCTION CONTRACT
STIPULATED PRICE - ABBREVIATED FORM
BY AND BETWEEN
BILLINGSLEY LD, LTD.
a Texas limited partnership
OWNER
and
Tiseo Paving Company
CONTRACTOR
for
Chartwell Drive/Hackberry Road Improvements; City of Coppell, TX TAX2013A
(Outside of the Three Way Contract with City of Irving, TX)
CONSTRUCTION CONTRACT
THIS CONSTRUCTION CONTRACT ("Agreement") is made and entered into as of thet0t-day of
December, 2013, by and between Billingsley LD, Ltd., a Texas limited partnership having its principal
office at 1722 Routh Street, Suite 1313, Dallas, Texas 75201 ("Owner"), and Tiseo Paving Company,
having its principal office at 419 E. Hwy. 80, Mesquite, Texas 75150.
("Contractor").
For and in consideration of the mutual covenants and agreements set forth herein, owner and
Contractor agree as follows:
Section 1. Performance of the Work.
(a) Contractor shall perform the Work or cause it to be performed in a good and workmanlike manner,
in accordance with all laws, ordinances, rules, regulations and lawful orders of any public authority
bearing on the performance of the Work and in strict accordance with the Contract Documents. All
permits, fees and licenses shall be the expense of Contractor. Contractor shall be deemed an independent
contractor and not an agent or employee of owner. "Work" shall mean all construction or other work
required by, or reasonably inferable from, the Contract Documents (whether done on the Site or off the
Site for inclusion at the Site) and shall include the furnishing by Contractor of (i) all materials, supplies,
equipment, fixtures, tools, taxes (i.e., sales tax, use tax and any other applicable tax) and other items and
(ii) all labor and other services required for or in connection with such construction or other work.
"Contract Documents" shall mean this Agreement, the drawings and specifications described in Exhibit
A attached hereto, the Contractor's proposal attached hereto as Exhibit B, and all addenda, modifications
and Change Orders (hereinafter defined) with respect thereto. "Site" shall mean the real property
described in Exhibit C and located at the intersection of S. Beltline Road in Coppell, Texas and
Chartwell Drive/Hackberry Road in Irving, Texas.
(b) The Contractor warrants to the Owner that all materials and equipment incorporated in
the Work will be new unless otherwise specified and that all Work will be of good quality, free from
faults and defects and in conformance with the Contract Documents. All Work not conforming to these
requirements may be considered "Defective Work." Upon request of Owner at any time during
performance of the Work or within one (1) year after Completion (hereinafter defined) , Contractor shall
promptly re -execute and otherwise remedy any Defective Work and any injury or damage resulting
therefrom; provided, that in the case of latent Defective Work, the period during which Contractor shall
be obligated to remedy the same shall be extended to one (1) year after the Owner discovers or, with the
exercise of reasonable diligence should have discovered, the Defective Work. The obligation of
Contractor to remedy Defective Work survives the acceptance of Work under the Contract Documents
and expiration or termination of the Contract Documents. Corrective Work shall be warranted to be free
from defects for a period of one (1) year after completion of the corrective work.
(c) Contractor agrees (a) to not introduce Hazardous Materials onto the Site or to cause or
suffer any liens to be recorded against the Site as a consequence of, or in any way related to the presence,
remediation or disposal of Hazardous Material in or about the Site, including any state, federal or local
so-called "Superfund" lien relating to such matters, and (b) to give notice to owner immediately upon
Contractor's acquiring knowledge of the presence of any Hazardous Materials on the Site, with a full
description thereof.
(d) If Owner shall ever have reason to believe that there are Hazardous Materials affecting
any of the Site, Owner at any time and from time to time, may contract for the services of site reviewers
to perform environmental site assessments on the Site for the purpose of determining whether there exists
on the site any environmental condition which could result in any Environmental Costs. The site
assessments may be performed at any time or times, upon reasonable notice, and under reasonable
conditions established by Contractor which do not impede the performance of the site assessments. The
site reviewers are authorized to enter upon the Site for such purposes. The site reviewers are further
authorized to perform both above and below the ground testing for environmental damage and such other
tests on the Site as may be necessary to conduct the site assessments in the reasonable opinion of the site
reviewers.
(e) Owner shall have the right to enter onto the Site or to take such other actions as it deems
necessary or advisable to clean up, remove, resolve or minimize the impact of, or otherwise deal with,
any Hazardous Materials or Environmental Activity on the Site following receipt of any notice from any
person or entity asserting the existence of any Hazardous Materials or Environmental Activity pertaining
to the Site or any part thereof which, if true, could result in Environmental Costs.
Section 2. Time for Performance,
(a) The Work to be performed under this Agreement shall be commenced on or about
December 16, 2013. Contractor shall cause Substantial Completion to occur on or before April 16, 2013
(the "Substantial Completion Date"). "Substantial Completion" shall mean all underground utilities,
paving and drainage improvements have been installed and there is a drivable surface for emergency
vehicle access. Contractor shall cause Full Completion to occur on or before May 16, 2013 (the
"Completion Date"). "Completion" shall mean the full and complete performance of all the Work in
accordance with the Contract Documents.
(b) Upon notification from the Contractor that the Work is ready to be inspected for
Completion, the Architect, Engineer or Owner shall inspect the Work and shall promptly prepare and
submit to the Contractor a list of portions of the Work to be completed or corrected and shall report such
other qualifications and exceptions as may be deemed appropriate. Within thirty (30) days after the
issuance of such list, Contractor shall remove, remedy, cure, correct or complete all items on the list and
all qualifications and exceptions contained therein. Thereafter, the Architect, Engineer or owner shall
inspect the Work and, upon determination that Completion has occurred, shall issue a certificate
certifying that Completion has occurred.
(c) If Contractor is delayed, hindered, disrupted or interfered with at any time in the progress
of the Work by the actions of the Owner or other entity retained by owner, or by fire, adverse weather
conditions not reasonably anticipated (but not including normal inclerment weather), or other causes
beyond the control of Contractor and not contributed to in any manner by Contractor, the Completion
Date may be extended by the number of days by which the Work is so delayed; provided, no such
extension shall be granted unless Contractor shall have given owner written notice of such delay within
three (3) days after commencement of such delay. Extension of the Completion Date shall be
Contractor's exclusive remedy in the event of any such delay. Any such extension shall be evidenced by
a Change Order.
(d) Time is of the essence in this Agreement.
Section 3. Contract Sum.
In consideration of the performance by Contractor of all of its obligations under the Contract
Documents, Owner shall pay to Contractor $397.753.00 (the "Contract Sum"), subject to adjustments as
hereinafter provided, which amount is the total consideration to be paid to Contractor for the
performance of all obligations of the Contractor under the Contract Documents.
Section 4. Payment.
(a) On or before the 25`' of each month during performance of the Work, Contractor shall
submit to Architect/Engineer (if applicable, otherwise to Owner) for its approval four (4) copies of a
request for payment ("Request for Payment") and if such Request for Payment in sent to
Architect/Engineer, simultaneously sending one (1) copy to the Owner. Each Request for Payment shall
be for a sum not greater than 90% of that portion of the Contract Sum proportionate to the amount of
Work completed as of the effective date of such Request for Payment, less the aggregate of previous
payments made by Owner. Each Request for Payment shall include a separate line item identifying the
tax (i.e., sales tax, use tax and any other applicable tax) amount included in that Request.
(b) Within thirty (30) days after submission of each Request for Payment, provided no
default by Contractor has occurred and is continuing hereunder, Owner shall make payment to Contractor
for such amounts thereof which have been approved by owner and the Architect/Engineer (if applicable).
Payment of any Request for Payment shall not constitute approval of or acceptance of any item of cost in
such Request for Payment, nor be construed as an acceptance of that portion of the Work to which such
Request for Payment relates or relieve Contractor of any of its obligations with respect thereto.
(c) Thirty (30) days after Completion, Contractor shall submit a final Request for Payment
("Final Request") which shall set forth all amounts due and remaining unpaid to Contractor. Upon
approval thereof by Owner and Architect/Engineer (if applicable), and satisfaction of all other conditions
to final payment hereunder, provided no default by Contractor has occurred and is continuing hereunder,
Owner shall pay to Contractor the amount due under such Final Request.
(d) Each Request for Payment shall contain the following certification by Contractor
(attached as part of Exhibit D-1 & D-2):
There are no known mechanic's or materiahnen's lien claims outstanding at the date of
this Request for Payment and no condition or state of facts exists which would give
Contractor reason to believe that any such claim may be made. All due and payable bills
with respect to the Work have been paid to date and are included in the amount requested
in the Request for Payment. Except for such bills not paid but so included, receipts and
waivers from all subcontractors and materialness for Work done and materials furnished
to the effective date of this Request for Payment have been obtained in such form as to
constitute an effective waiver of lien under the laws of the State of Texas.
Contractor shall promptly pay all bills for labor and materials performed and famished by others in
connection with performance of the Work. Upon request of Owner, Contractor shall account to owner
for the disbursement of funds received from Owner and shall furnish Owner with partial lien releases in
form approved by Owner from each party famishing labor and materials in connection with the Work.
The Owner shall not be obligated to pay the amount due under the final request until Contractor delivers
to Owner a complete release of all liens arising out of performance of the Work and an affidavit of
Contractor that the release includes all materials and services for which a lien could be filed. If
Contractor does not timely deliver such releases, Owner shall have the right to pay all sums necessary to
obtain the releases and deduct all amounts so paid from the final payment.
Section 5. Changes in the Work.
(a) Without invalidating this Agreement, the Owner may order changes in the Work
consisting of additions, deletions, or modifications to the Work, and the Contract Sum and the
Completion Date may be adjusted accordingly. All such changes in the Work shall only be authorized by
written change order ("Change Order") signed by the owner and the Contractor. The Contract Sum and
the Completion Date may be changed only by Change Order.
(b) If the Contractor wishes to make a claim for an increase in the Contract Sum, he shall
give the Architect/Engineer (if applicable) and Owner written notice thereof within seven (7) days after
the occurrence of the event giving rise to such claim. This notice shall be given by the Contractor before
proceeding to execute the Work, except in an emergency endangering life or property. No such claim
shall be valid unless so made. Any change in the Contract Sum resulting from such claim must be
authorized by Change Order.
Section 6. Insurance: Indemnity.
(a) Owner shall provide and maintain at its own expense builder's risk insurance. The
Contract Sum does not include such insurance costs, and Contractor, subcontractors, and sub -
subcontractors shall not include the cost of such insurance in their bids for their respective portions of the
Work. Contractor shall provide and maintain insurance of the type and on the terms and conditions set
forth to be furnished by Contractor in Exhibit E attached hereto; the cost of such insurance is included in
the Contract Sum.
(b) Contractor agrees to unconditionally indemnify and hold harmless owner and its
representatives, officers, directors, agents and employees from and against all liability, claims, damages,
losses and expenses, including but not limited to court costs and attorneys' fees, in any way relating to,
arising out of or resulting from (a) sickness, disease, or injuries to or the death of any person (including
employees of any party, which indemnification shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable under Worker Is Compensation acts,
Disability Benefit acts, or other employee benefit acts) (a "personal claim"), or (b) damage to, loss of use
of, or destruction of property, or patent or other intellectual property infringement (a "property claim") ,
which personal or property claim is alleged to have been caused by, or to have arisen out of or in
connection with, or to be incidental to any of the Work (including the use of any products, material, or
equipment furnished by Contractor, any of its Subcontractors or Sub -subcontractors) or for any work
performed or actions taken on the Site or off the site for inclusion at the Site, which may fall outside of
the definition of "Work".
(c) In the event that any such claim, action, suit, proceeding, expense, liability, damage or
injury arises or is made, asserted or threatened against any of the parties indemnified under this section,
owner shall have the right to withhold from any payments due or to become due to Contractor an amount
sufficient in its judgment to protect and indemnify the indemnified parties from and against any such
claim, loss, cost, expense, liability, damage or injury, unless Contractor is then fulfilling all of its
obligations under this Section 6 and Contractor has given Owner .evidence satisfactory to Owner in
Owner's sole discretion of Contractor's ability to continue to meet such obligations.
Section 7. Default.
(a) Contractor shall be in default under this Agreement if Contractor shall fail to perform
any of its agreements or obligations hereunder, be adjudged a bankrupt, make a general assignment for
the benefit of its creditors, permit a receiver to be appointed on account of its insolvency, become
insolvent otherwise or fail to make prompt payment to its subcontractors, materialmen or laborers. Upon
the occurrence of any such default, Owner shall have the right, if Contractor shall not cure any such
default within thirty (30) days after written notice thereof by Owner to Contractor, to (i) terminate this
Agreement, (ii) take possession of all or any part of Contractor's materials, equipment, supplies, and
other property of every kind used by Contractor in the performance of the Work and to use such property
in the completion of the Work and/or (iii) complete the Work in any manner it deems desirable, including
engaging the service of other parties therefor.
(b) If Owner fails to perform any of its obligations hereunder and such failure is not cured
within thirty (30) days after receipt of written notice thereof by Contractor to Owner, Contractor shall
have the right to terminate this Agreement by giving owner written notice thereof at any time thereafter
while such default remains uncured; provided, however, that in the event Owner is hindered or prevented
from curing such default by any cause beyond the control of Owner, the period provided for curing such
default shall be extended by the period of time owner is so hindered or prevented from curing such
default. In the event of termination by Contractor, payment shall be made to Contractor of that portion of
the Contract Sum proportionate to the amount of Work completed.
(c) If Contractor fails to prosecute the Work properly or fails to perform any provision of the
Contract Documents or does or omits to do anything whereby damage or injury may result to persons or
property, Owner may after two (2) days written notice to Contractor, make good all work, material,
omissions or deficiencies and may deduct the cost incurred by Owner from amounts otherwise payable to
Contractor hereunder.
(d) Notwithstanding anything contained herein to the contrary, Owner may at its election
and without default on the part of Contractor terminate this Agreement at any time upon seven (7) days
written notice to Contractor. In the event of such termination, Owner shall be relieved as of the effective
date of such termination of all future obligations to Contractor except for (i) payment of that portion of
the Contract Sum attributable to Work completed as of the date of termination and (ii) reimbursement of
all reasonably necessary and direct costs incurred by Contractor in demobilizing its own work force,
including Contractor's obligation to its subcontractors and suppliers for reasonable cancellation charges
resulting from such termination. Upon receipt of such payment, the parties hereto shall have no further
obligations to each other except for Contractor's obligations to correct Defective Work, to perform
warranty work and to indemnify owner as provided for in this Agreement.
(e) Rights and remedies of owner and Contractor under this Section 7 shall be nonexclusive,
and shall be in addition to all other remedies available to such parties at law or in equity.
Section 8.. Protection of Persons and Prone .
(a) The Contractor shall take all necessary precautions for the safety of, and shall provide all
necessary protection to prevent damage, injury or loss to all persons engaged in performance of the Work
at the Site, all the Work and all materials to be incorporated therein, and all other property at the Site.
(b) Contractor agrees (a) to not introduce Hazardous Materials onto the Site or to cause or
suffer any liens to be recorded against the Site as a consequence of the presence of Hazardous Material in
or about the Site, and (b) to give notice to Owner immediately upon Contractor's acquiring knowledge of
the presence of any Hazardous Materials on the Site, with a full description thereof. Owner shall have
the right to enter onto the Site or to take such other actions as it deems necessary or advisable to clean up,
remove, resolve or minimize the impact of, or otherwise deal with, any Hazardous Materials on the Site.
"Hazardous Material" shall mean any substance which is considered to be hazardous or toxic under
municipal, state, or federal laws, ordinances, regulations, agreements, the common law, or any other
applicable laws now or hereafter in effect relating to pollution, the protection or regulation of human
health, natural resources, or the environment.
Section 9. Miscellaneous
(a) The Contract Documents constitute the entire agreement between the parties hereto with
respect to the matters covered thereby. All prior negotiations, representations and agreements with
respect thereto not incorporated in the Contract Documents are hereby canceled. There are no oral
agreements. This Agreement can be modified or amended only by a document duly executed by the
parties hereto.
(b) Owner's Representative shall be Steve Jones of Billinngslgy Development Corporation and
Contractor's Representative shall be Shane Pate of Tiseo Paving Company. The Owner's Representative
and the Contractor's Representative shall have full authority to execute any and all instruments and to
otherwise act on behalf of the owner and the Contractor, respectively, in connection with all matters
arising out of this Agreement.
(c) Without the prior written consent of Owner, Contractor shall not assign all or any part of
this Agreement or any moneys due or to become due hereunder. owner may, without the consent of
Contractor, assign this Agreement to any other party or entity, provided Owner continues to be
responsible for the performance by such assignee of Owner's obligations hereunder. Subject to the
foregoing, this Agreement shall inure to the benefit of and be binding upon the parties hereto and their
respective successors and assigns.
(d) All notices to be given hereunder shall be in writing, and may be given by depositing the
same in the United States mail addressed to the party to be notified at the address set out above (or as
amended in writing to the other party), postpaid and registered or certified with return receipt requested
or by delivering the same in person to such party. Notice deposited in the mail in accordance with the
provisions hereof shall be deemed to have been given on the fourth day next following the date
postmarked on the envelope containing such notice, or when actually received, whichever is earlier.
(e) In the event any provision of any of the Contract Documents is declared or adjudged to
be unenforceable or unlawful by any court or other governmental authority, then such unenforceable or
unlawful provision shall be excised therefrom, and the remainder of the Contract Document so affected,
together with all rights and remedies granted thereby, shall continue and remain in full force and effect.
(f) This Agreement shall be governed by and construed under the laws of the State of
Texas, Dallas County, and shall be a proper place of venue to enforce performance of this Agreement and
any of the other Contract Documents.
OWNER:
BILLINGSLEY LD, LTD.
a Texas limited partnership
By: BCO 12, LLC
a Texas limited liability company
it's general partne
By: L.0
Lucilo Pena, Manager
Date: 1 —Z/
CONTRACTOR:
Tiseo Pa7�t-L
By:
Louis Tiseo, Secretary Treasurer
Date:
EXHIBITS:
Exhibit A: Drawing Sheet Index
Exhibit B: Contractor's Proposal
Exhibit C: Site Description
Exhibit D-1: Partial Waivers of Lien
Exhibit D-2: Final Waiver of Lien
Exhibit E: Insurance — Owner's Requirements
EXHIBIT A
CONTRACT DOCUMENTS - DRAWINGS & SPECIFICATIONS SHEET INDEX
Prepared by Kimley Horn & Associates of Dallas, TX & Issued for Construction November 8, 2013
Sheet
I Sheet Title
Date
Chartwell Drive/Hockberry Road Improvements Plans
C-001
Cover Sheet
11/08/2013
C-002
General Notes
11/08/2013
C-003
General Notes
11/08/2013
C-004
Demolition Plan
11/08/2013
C-005
Demolition Plan
11/08/2013
C-006
Demolition Plan
11/08/2013
C-007
Horizontal & Vertical Control
11/08/2013
C-008
Horizontal & Vertical Control
11/08/2013
C-009
Horizontal & Vertical Control
11/08/2013
C-010
Typical Details
11/08/2013
C-101
Paving Plan & Profile
11/08/2013
C-102
Paving Plan & Profile
11/08/2013
C-103
Paving Plan & Profile
11/08/2013
C-104
Paying Plan & Profile
11/08/2013
C-105
Paving Plan & Profile
11/08/2013
C-106
Paving Plan & Profile
11/08/2013
C-201
Pavement Markin
11/08/2013
C-202
Pavement Markings
11/08/2013
C-203
Pavement Markin
11/08/2013
C-301
Grading Plan
11/08/2013
C-302
Grading Plan
11/08/2013
C-303
Grading Plan
11/08/2013
C-304
Intersection Grading Plan
11/08/2013
C-401
Drainage Area Map
11/08/2013
C402
Storm Drain Plan and Profile
11/08/2013
C-403
Storm Drain Plan and Profile
11/08/2013
C-404
Storm Drain Plan and Profile
11/08/2013
C405
Storm Drain Laterals
11/08/2013
C406
Storm Drain Plan
11/08-2013
C-407
Drainage Calculations
11/08/2013
C-601
Erosion Control Plan
11/08/2013
C-602
Erosion Control Details
11/08/2013
C-700
Construction Details
11/08/2013
C-701
City of Co ell Construction Details
11/08/2013
C-702
City of Co ell Construction Details
11/08/2013
C-703
City of Co ell Construction Details
11/08/2013
C-704
City of h-ving Construction Details
11/08/2013
C-705
City of Irving Construction Details
11/08/2013
C-706
City of h-ving Construction Details
11/08/2013
EXHIBIT B
CONTRACTOR PROPOSAL
lu�m
PAVlrjiG C0MPAlyry
MoUlag Address: P.O. Box 270040 Dal1m, TR 75227
YhyAcalAddrea: 419ESiwy.80 Mosquhr, TX 75150
Td:(972)289-0723 FA (972)216,5637
To: '1HB.BIL1-�uGSLfiY COMPANY
AMI. AgaRIC
11 eiis
Wa propose b Mlhh N IeEor, nitlerllb and roasts Lo mrotiuct. es en 60at mtilr>tda,
9UEr=AL•DEJNOLIIONFORCOPPaL S 41,18400
SUBTOTAL -DEMOLITION FORIRVING: S OZI90.25
M.
FOR CO
7
LS L1ZAT10N
S
3 T5400
3,750.00
rTAf•Tr'FTrc _ r c c • u r • o.� -n,_ :.• n.. �__-------
Fi1Gi.i__i FmmF��171
t 85
90
TN HYDRA D UAW_
S
1SS.00 S
13. 00
3,200
SY WREI CONCRETEPAVEMW 4000 P8
f
39.95 S
127,840.00
9UEr=AL•DEJNOLIIONFORCOPPaL S 41,18400
SUBTOTAL -DEMOLITION FORIRVING: S OZI90.25
SUBTOTAL-PAVMPORCOPPELL- i 242,018.75
SUBTOTAL. SIGNING AND MARKING FORCOPPELL: $ 4,481.00
EROSION CONTROL FOR COPPELL
24 1 1.500 I LF 15ILT FENCE 155 S AO
SUBTOTAL -EROSION CONTROL FORCOPPELL• S 2.323.00
SUBTOTAL • EROSION CONTROL FOR IMANG: 3 7,678A0
FOR CO
7
LS L1ZAT10N
S
3 T5400
3,750.00
3.886
SY M
t 85
90
TN HYDRA D UAW_
S
1SS.00 S
13. 00
3,200
SY WREI CONCRETEPAVEMW 4000 P8
f
39.95 S
127,840.00
NI01 ING
31.
N12PAVING
250WN=
Atm PR Y
S
sm
1 m
1
6•
S
2
3 014.00
305
S
2250
B 882.502
S
00 S
4.800.00
4
EA r 18rt FREE RAND
S
180400
3590
SY TOP801L AND
5.40 S
18.900.00
5.100
I CY ESMMTED EARTH MOVING CUT+ FILL
S
286 S
14.636.00
SUBTOTAL-PAVMPORCOPPELL- i 242,018.75
SUBTOTAL. SIGNING AND MARKING FORCOPPELL: $ 4,481.00
EROSION CONTROL FOR COPPELL
24 1 1.500 I LF 15ILT FENCE 155 S AO
SUBTOTAL -EROSION CONTROL FORCOPPELL• S 2.323.00
SUBTOTAL • EROSION CONTROL FOR IMANG: 3 7,678A0
SUBTOTALS SUMMARY
SUBTOTAL-DEMOLITIONFORCOPPEL.L S
41,16D.00
SUBTOTAL -DEMOLITION FOR IRVING S
921g0.48
SUBTOTAL - PAVMG FOR COPPELL S
242,018.79
SUBTOTAL - SIGNING AND MARKING FOR COPPELL S
4.451.00
SUBTOTAL - EROSION CONTROL FOR IRVING S
2325.00
SUBTOTAL - EROSION CONTROL FOR IRVING S
7,678,00
STAKING $
4,000,00
PROJECT CLEAN UP S
4,000.00
PROJECT TOTAL, S
597,75300
EXLUSKINS a COMMENTS:
ALL TWMG 18 EXCLUDED, PRICECAN BE PROVIDED IF NEEDED
PLANT SITE TO BE PROVIDED BY OWNER
PRICE INCLUDED SAWWO AND SEALING OF CONCRETE
PLEASE ADD SM% FOR TAXES IF NEEDED
REGRADING OF DITCHES AND OTHER EXCAVATION IS W(CLUOEO
BID IS SPECIFIC TO ITEMS LISTED, NO ASSUMPTIONS TO BE MADE
NO IRRIGATION WORK IS INCLUDED
ALL WORK TO BE PERFDRMED LINDERTEW HIGHWAY -HEAVY WAGE RATES
NO FRANCHISE UTuTTTY RELOCATIONS OR WORK IS INCLUDEO,
BIO PROPOSAL SUBMITTED M
7ISE0 PAVING CO.
419 6. HWY. 80
MESQUITE, 7X 75180
(e7 gm -0773
SHmr. PATr,. EsTIMA OR DA
EXHIBIT C
SITE DESCRIPTION
Between Belt Line Road to West of Ranch Trail
T�
Y
O
m
K
m
z
cn
0
C
m
n
C0
m
X
ookiO
p
HACKBERRY ROAD °m°"°" �
IMPROVEMENTS andAxKtrn
POEPARM COVER SHEET
n rti b �/_ •sil L+afigMuOafaylU nc
BILLINGSLEY COMPANY +, f nawrwlmwnowwbl.rw
---•- -- w.::;...p,�. x.14'
C13
�
I
6
Sly
I
a
o
D
m'
O
-{
g
m0
T�
Y
O
m
K
m
z
cn
0
C
m
n
C0
m
X
ookiO
p
HACKBERRY ROAD °m°"°" �
IMPROVEMENTS andAxKtrn
POEPARM COVER SHEET
n rti b �/_ •sil L+afigMuOafaylU nc
BILLINGSLEY COMPANY +, f nawrwlmwnowwbl.rw
---•- -- w.::;...p,�. x.14'
C13
�
I
6
12
a�
mm
O
O
-{
Z
m0
-nm
K
y�
m
zr
N
=m
wm
�O
�
rp
O
T�
Y
O
m
K
m
z
cn
0
C
m
n
C0
m
X
ookiO
p
HACKBERRY ROAD °m°"°" �
IMPROVEMENTS andAxKtrn
POEPARM COVER SHEET
n rti b �/_ •sil L+afigMuOafaylU nc
BILLINGSLEY COMPANY +, f nawrwlmwnowwbl.rw
---•- -- w.::;...p,�. x.14'
al/
�
I
6
12
a�
3c4mlwmLTm Flom
-dAT1N cnyul4ms
4
T�
Y
O
m
K
m
z
cn
0
C
m
n
C0
m
X
ookiO
p
HACKBERRY ROAD °m°"°" �
IMPROVEMENTS andAxKtrn
POEPARM COVER SHEET
n rti b �/_ •sil L+afigMuOafaylU nc
BILLINGSLEY COMPANY +, f nawrwlmwnowwbl.rw
---•- -- w.::;...p,�. x.14'
BELT LINE ROAD
zn�
`48.11: -9VIM
PARTIAL WAIVER AND SUBORDINATION
OF MECHANIC'S LIEN CLAIMS
STATE OF TEXAS
COUNTY OF DALLAS )
The undersigned is an original contractor or subcontractor who has famished labor and/or materials
("Work") in the construction of improvements upon real property owned by CW MFl Land, Ltd, a Texas Limited
Partnership ("Owner"), located in the City of Dallas, County of Dallas, State of Texas.
For Work in connection with the Property, the undersigned received $
, 2012 ("Prior Down Date"), is owed $ through _
2012 ("Down Date"), except for $ of retainage, not yet due and payable.
through
Except for such retainage amount, the undersigned (a) through the Prior Down Date, and (b) additionally,
upon receipt of the amount owed, through the Down Date:
Has been paid in full for all sums owed for Work concerning the Property;
2. Acknowledges complete satisfaction of, and forever waives and releases, all claims of every kind
against Owner or the Property, including but not limited to all liens and claims of liens, which the undersigned may
have as a result of or in connection with the Work;
3. Has represented and warranted and does hereby represent and warrant that all persons or entities
who1ave furnished labor and/or material to the undersigned in'connection with the Work have been paid all amounts
they are owed, except agreed retainage not yet due and payable which in total does not exceed the retainage amount
set forth above; and
4. Agrees unconditionally to indemnify Owner and hold Owner harmless against all liability, loss,
cost or expense (including but not limited to attorney's fees) now or hereafter incurred, paid or suffered by or
asserted against Owner or the Property because of any claim or action by the undersigned, or by any person or entity
claiming by, through or under the undersigned, with respect to the claims, liens and rights herein waived and released
or arising out any breach or untruth of any representation herein made.
In consideration of its funding of loan proceeds to be used to pay for Work famished by the undersigned,
the undersigned hereby agrees and acknowledges for the benefit of
("Lender") that all mechanic's liens or rights to the same now or hereafter owned or held by the undersigned are and
shall be subordinate and inferior to the lien of the deed of trust held by Lender on the Property.
The person signing this document represents that he or she is duly authorized to do so on behalf of the
undersigned original contractor or subcontractor.
All of the provisions of this document shall bind the undersigned original contractor or subcontractor and
the undersigned's heirs, legal representatives, successors and assigns and shall inure to the benefit of Owner and
Owner's heirs, legal representatives, successors, assigns and sureties.
EXECUTED this day of 1 12012.
By:
Name:
Title:
STATE OF TEXAS
COUNTY OF DALLAS )
This instrument was acknowledged before me on , 2012, by
of and on behalf of , a Texas
Notary Public, in and for State of Texas
EXHIBIT D-2
FINAL WAIVER OF MECHANIC'S LIEN CLAIMS
STATE OF TEXAS
COUNTY OF DALLAS )
The undersigned is an original contractor or subcontractor who has furnished labor and/or materials
("Work") in the construction of improvements upon real property owned by CW NMI Land, Ltd., a Texas Limited
Partnership ("Owner"), located in the City of Dallas, County of Dallas, State of Texas.
For Work in connection with the Property, the undersigned received S through
2012 ("Completion Date'), is not owed any amounts, and no amounts have been retained.
Therefore, the undersigned:
Has been paid in full for all sums owed for Work concerning the Property;
2. Acknowledges complete satisfaction of, and forever unconditionally waives and releases, all
claims of every kind against Owner or the Property, including but not limited to all liens and claims of liens, which
the undersigned may have as a result of or in connection with the Work,
3. Has represented and warranted and does hereby represent and warrant that all persons or entities
who have famished labor and/or material to the undersigned in connection with the Work have been paid all amounts
they are owed; and
4. Agrees unconditionally to indemnify Owner and hold Owner harmless against all liability, loss,
cost or expense (including but not limited to attorney's fees) nor or hereafter incurred, paid or suffered by or asserted
against Owner or the Property because of any claim or action by the undersigned, or by any person or entity claiming
by, through or under the undersigned, with respect to the claims, liens and rights herein waived and released or
arising out of any breach or untruth of any representation herein made.
The person signing this document represents that he or she is duly authorized to do so on behalf of the
undersigned original contractor or subcontractor.
All of the provisions of this document shall bind the undersigned original contractor or subcontractor and
the undersigned's heirs, legal representatives, successors and assigns and shall inure to the benefit of Owner and
Owner's heirs, legal representatives, successors, assigns and sureties.
EXECUTED this day of , 2012.
By:_
Name:
Title:
EXHIM E
INSURANCE — OWNER REQUIREMENTS
A. Contractor shall, at all times during the period in which this Contract is in force, provide and
maintain and require all subcontractors and sub -subcontractors to do the same, the following
types of insurance protecting the interest of the Owner and Contractor with limits not less than
those as set forth below, unless modified by an attached Certificate of Insurance:
(1) Workers' Compensation Insurance to cover statutory limits of the Workers'
Compensation Laws of the state where the project is located with Coverage B
Employer's Liability coverage in limits not less than $500,000. This insurance must be
endorsed with waiver of Subrogation Endorsement, waiving the carrier's right of
subrogation with respect to the Owner.
(2) Comprehensive General Liability Insurance including insurance on an "occurrence"
basis for hazards of (i) Premises -Operations, (ii) Elevators and Escalators,
(iii)Independent Contractors, (iv) Products and Completed Operations, including
coverage for explosion, collapse and underground hazards (v) Contractual Liability
(either designating this contract or written "Blanket" designating all written and oral
contracts related to the Work), (vi) Personal Injury Liability for groups of offenses A.,
B. and C. (with exclusion (c) deleted) and (vii) Incidental Malpractice coverage for first
aid staffs, where applicable. Such Comprehensive General Liability Insurance must be
endorsed with a Broad Form Property Damage Endorsement (including Completed
Operations). The Contractual Liability coverage must be endorsed so that all exclusions
relating to products and completed operations and explosion, collapse and underground
hazards are deleted.
The insurance required by this subparagraph (2) shall have coverage limits not less than
the following:
Bodily Iniury Liabili
$1,000,000 each occurrence
$2,000,000 aggregate product -completed operations
Property Damage Liability
$1,000,000 each occurrence
$1,000,000 aggregate operations
$1,000,000 aggregate owner/contractors protective
$1,000,000 aggregate product -completed operations
$1,000,000 aggregate contractual
Personal Iniury Liabili
$1,000,000 each person aggregate
16
$1,000,000 general aggregate
(3) Automobile Liability Insurance covering all owned, non -owner, and hired automobiles
used in connection with the Work with the following minimum limits:
Bodily Injury
$1,000,000 eachperson
$1,000,000 each occurrence
Property Dama.&
$1,000,000 each occurrence
(4) Comprehensive Catastrophe Liability Insurance (Umbrella) indemnifying for ultimate
loss, sustained by reason of liability imposed by law or assumed under contract,
covering excess liability over Comprehensive General Liability, Automobile Liability,
and Employer's Liability policies as required herein.
The Comprehensive Catastrophe Liability Insurance shall set forth coverage limits with
respect to each occurrence, except for the Products/Completed Operations Hazard
coverage which shall contain aggregate limits for each annual period. With regard to
Contractor, the comprehensive Catastrophe Liability Insurance shall have limits not less
than the difference between: (1) $2,000,000 with respect to each occurrence
($2,000,000 aggregate for each annual period with respect to Products/Completed
Operations Hazard coverage) and (ii) the applicable limits of the insurance required in
subparagraphs (1), (2) and (3) above. With regard to the subcontractors and sub -
subcontractors, the Comprehensive Catastrophe Liability Insurance shall have limits not
less than the difference between: (i) Products/Completed operations Hazard coverage)
and (ii) the applicable limits of insurance set forth in subparagraphs (1), (2) and (3)
above.
(5) In the event that Contractor or any of the above named subcontractors has or obtains
insurance coverage in amounts in excess of those listed above, such additional insurance
coverage shall also inure to the benefit of Owner.
Before commencing their Work, Contractor and all subcontractors and sub -
subcontractors shall furnish to the Owner certificates of insurance from each insurance
carrier showing that the above required insurance is in force, the amount of the carrier's
liability thereunder and the cost of the insurance. This insurance will not be canceled or
changed until the expiration of at least sixty (60) days after written notice of such
cancellation or material change has been mailed to and received by Owner.. All copies
of policies and certificates of insurance submitted to Owner shall be in form and content
acceptable to Owner.
All insurance described herein shall be written in a company or companies satisfactory
to Owner. Contractor, its subcontractors and sub -subcontractors shall not violate or
17
knowingly permit any violation of any conditions or terms of the policies of insurance
described herein.
B. Prior to commencement of the Work, Owner shall obtain and thereafter at all times during the
performance of the Contract maintain, All Risk Builder's Risk Insurance, insuring the interest of
Owner, Contractor and Subcontractors as their interest may appear, set forth in a single policy,
including coverage against collapse written on the completed value basis in an amount not less
than the Contract Sum of Contractor's contract (including subcontracts). Coverage will include
all materials, supplies and equipment that are specifically intended for installation into the Work
while such materials, supplies and equipment are temporarily located off the site of the Work
and while in transit for the purpose of repair, adjustment or storage at the risk of one of the
insured parties. Coverage will not include any tools or clothings of workmen or of any tools,
equipment, protective fencing, scaffolding, temporary structures, forms and equipment, or other
property owned, rented, or used by Contractor, any subcontractors or sub -subcontractors and
used in the performance of the Work, unless the value of such items is included in the Cost of
the work, and such items are specifically identified in the contract documents. owner shall not
be liable or responsible for any loss or damage whatever to the items excluded in this paragraph
and Contractor shall indemnify Owner and hold owner harmless from any claims or causes of
action brought by any persons or parties as a result of loss or damage to such excluded items.
In the event that it is necessary to operate permanently installed equipment on anything other
than a testing basis, or in the event it is necessary for owner to occupy a part or the entirety of
the Work, the All Risk Builder's Risk Insurance policy must be endorsed to permit same.
Contractor must give Owner at least ten (10) days prior written notice concerning anticipated
testing of equipment.
C, Contractor(s) shall require all policies of insurance including, but not limited to, those described
in A(2), A(3), and A(4) and any other that are in any way related to the Work and that are
secured and maintained by Contractor and all tiers of subcontractors to include endorsements
naming Owner TBD: and Billingsley Company as additional insured and all policies of
Workers' Compensation insurance will include clauses providing that each underwriter shall
waive all of its rights of recovery, under subrogation or otherwise, against Owner, Contractor(s)
and all tiers of subcontractors.
Contractor waives all rights of recovery against Owner, other contractors and subcontractors
which Contractor may have or require because of deductible clauses in or inadequacy of limits
of any policies of insurance that are in any way related to the Work and that are secured and
maintained by Contractor.
Contractor shall require all tiers of subcontractors to waive the rights of recovery (as aforesaid
waiver by Contractor) against owner, Contractor or contractors and other subcontractors.
The Builder's Risk policy will be endorsed waiving the carrier's rights of recovery under
subrogation against the Contractor, and all subcontractors whose interest is insured under such
policy.
The payment of any losses sustained because of clauses under the "All Risk" Builder's Risk
policy as specified in paragraph B will be made to Owner for the interest of all parties.
is
D. The coverages referred to above are set forth in full in the respective policy forms, and the
foregoing descriptions of such policies are not intended to be complete, or to alter or amend any
provision of the actual policies and in matters, if .any, in which the said description may be
conflicting with such instruments, the provisions of the policies of the insurance shall govern.
19
P.O. Box 270040 Dallas, Texas 75227-0040
TO: BILLINGSLEY LD, LTD
ATTN: TOM HOLLAND
PAVING COMPANY
Telephone (972) 289-0723 Fax (972) 216-5637
CHANGE ORDER
N0. 1
PROJECT: CYPRESS WATER PH. 2
LOCATION: DALLAS
TISEO JOB NO: 2572
HACKBERRY ROAD IMPROVEMENTS WITHIN COPPELL
ITEM NO. QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENSION
1 499 SY Detour Paving $49.75 $24,825.25
If requires tax add 8.25%
CHANGE ORDER TOTAL
PREVIOUS CONTRACT AMOUNT
REVISED CONTRACT AMOUNT
ACCEPTED:
TISEO PAVING COMPANY
SIGNATURE:
ROBERT CAU DILL V.P.
DATE: 5/27/14
TOTAL $24,825.25
$24,825.25
$297.984.75
$322,810.00
BILLINGSLEY LD, LTD
DATE: S' Z°✓���
944i&4z" 1974
PAVING COMPANY
P.O. Box 270040 Dallas, Texas 75227-0040 Telephone (972) 289-0723 Fax (972) 216-5637
CHANGE ORDER
NO. 2
TO: BILLINGSLEY LD, LTD PROJECT: CYPRESS WATER PH. 2
ATTN: TOM HOLLAND LOCATION: DALLAS
TISEO JOB NO: 2572
HACKBERRY ROAD IMPROVEMENTS_- CITY OF COPPELL
ITEM NO QUANTITY UNIT DESCRIPTION UNIT PRICE
EXTENSION
1. 2,740 SF BERMUDA SOD $0.55
$1,507.00
2. 5,480 SF 4' CURLEX $0.24
$1,315.20
TOTAL
$2,822.20
If requires tax add 8.25%
CHANGE ORER TOTAL
PREVIOUS CONTRACT AMOUNT
REVISED CONTRACT AMOUNT
ACCEPTED:
TISEO, //PAVING COMPANY
SIGNATURE:
ROBERT CAUDILL V.P.
DATE: 6/02/14
$2,822.20
$322.810.00
$325,632.20
BILLINGSLEY LD, LTD
DATE: �Y-1y
$4t4&:;N d 1974
P.O. Box 270040 Dallas, Texas 75227-0040
PAVING COMPANY
Telephone (972) 289-0723 Fax (972) 216-5637
..CHANGE ORDER
N0. 3
TO: BILLINGSLEY LD, LTD PROJECT: CYPRESS WATER PH. 2
ATTN: TOM HOLLAND LOCATION: DALLAS
TISEO JOB NO: 2572
HACKBERRY ROAD IMPROVEMENTS -- CITY OF COPPELL
ITEM NO, QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENSION
1. 4 EA STREET LIGHT FOOTING $715.00 $2,860.00
If requires tax add 8.25%
CHANGE ORER TOTAL
PREVIOUS CONTRACT AMOUNT
REVISED CONTRACT AMOUNT
ACCEPTED:
TISEO PAVING COMPANY
SIGNATURE:
R BERT CAUDILL V.P.
DATE: 9/26%14.
TOTAL $2,860.00
$2,860:00
$325,632.20
$328,492.20
BILLINGSLEY LD, LTD
DATE:
5am&A, l 1974
® PAVING COMPANY
P.O. Box 270040 Dallas, Texas 75227-0040
Telephone (972) 289-0723 Fax (972) 216-5637
CHANGE ORDER
N0. 4
TO: BILLINGSLEY LD, LTD PROJECT: CYPRESS WATER PH. 2
ATTN: TOM HOLLAND LOCATION: DALLAS
TISEO JOB NO: 2572
CYPRESS WATERS - HACKBERRY ROAD IMPROVEMENTS — CITY OF COPPELL
ITEM NO QUANTITY
UNIT
DESCRIPTION
UNIT PRICE
EXTENSION
24, -382
LF
SILT FENCE
$1.55
-$592.10
87
SY
DETOUR PAVING
$49.75
$4,328.25
If requires tax add 8.25%
CHANGE ORER TOTAL
PREVIOUS CONTRACT AMOUNT
REVISED CONTRACT AMOUNT
ACCEPTED:
TISEO PAVING COMPANY
SIGNATURE:
RO ERT CAUDILL V.P.
DATE: 10/31/14
TOTAL $3,736.15
$3,736,15
$4g,492-2
$332,228.35.
BILLINGSLEY LD, LTD
DATE: W►{A
ga4& a" 1974
Billingsley Property Services
Accounts Payable Voucher
Subcontract
Payee of Check
Invoice Number
Amount of Check:
Invoice Date Z6 ,/
Due Date
Description of payment:"n ayy,^J
Job Property Category G/L Account AmountJ Description
oDr �o I �-qo J9c ,1,00 u to 05-e
TOTAL
Special Instructions�Vj
Return Check to.-
Date
o:Date of submission: VIP1 Initial
Q
o
U
Z_
0
a
CL
Ix
C
mK
U
�a
0 J
� Q
�Z A
aJ'
U m
SpSSS53 r
S S S
$ S
r
Q ci cl
M m c
$
e- axQ
N
g gn$SQu
8 g g
S S
t7 `
Q
allo cl;
N
W
U
m8
O P 0 0 0
O O O
O
O
M m 0
M W
J
T
Q
u
a
a
i
a
9
O
0
oW�W
J
¢
J
ppbS 8.$1p8o�88
8pnS8. 88�538,p8p,8$p,8
81
a
m
O m n�
pptON m l
IW.. mm
rANOrO
a0
m
�NwMwwwS
www��WN��Nw60
w
w w
pOp yyO.
rn 1AN
W
8888888518$58
8.q!?
8 88
�.
88853��88
O M
www5wwww
w R r Yl cisi Q Q YI N
lfj
M N"
wwwwwwwwwwww
O O Yl
w
.0.4
p8
OO
Q O
ww
W.
Q
� 8Sgu1 +
M$cZ�1S�53 nQMn
Qw
mw
P) MOO Pl N'.:
Q
�QJ4INJW
Iy QaQQ
..]fA Ftq ��J LLJwWWWU
QQ Q4aa
WJJWW
� JJ
y
3
w
m3
rco
W
F
0129
OZ am:
a P
W
w
W
_ Z
J
G ❑ W
v Z
2= Z
d
M
Q
IL LL1L
°u O
IOUY
� �
<
o
� ACD
ppWl
¢
or
ao
O U
�JOz
JFK�
�Op LL
a o am�j� _w u
MW
d ���OZUZ
Za Ua�
pp
z
O�U
z
o ooyu
oz�y4Z Z
Zm��c�
zz
��'c�iz��,UaA o
oiaaZd�do
a
W
JO6 O(7 U' w
A18g Uwz�pM
w OpZ a zr
Uh
w�u~1v~iv~ja
J J J 0.
IL
O
Z
� U
�zJvFitFiiEE
U c9 uW�W u�
Awns C)
F O o w o �` Q
aappapp..ppaoao
D.
S
Z
U O
Z
O a
Wwi
F�F WW
Ufaa J�11 »oQ �>
WOW
�wQ�Z��' OW W W w J F
p)�KU3 ZN `�0:0
o
U U U U
LL LL LLLL�
OOOO
r} }fs/�
Z (�U
LL ZW
W K
z
QFO
W$fii�
JddWWWW
U4J �KK�
OJp}}a00�1a-Q�Q
fip2b 20 zu vl m. w
LEH
UUUU
O
v
fA Na
Y11j
UO
Q
N N N N
N
r
0 d
S O
$
P
N
a �
O
N
W
U
U
N
}
z
W
J
M
O
a
a
i
a
0
oW�W
J
¢
J
O
F
a
NNQS
J
O
V
}
z
J
M
i
$
a
IL
a�a
Q
a
PARTIAL WAIVER AND SUBORDINATION
OF MECHANIC'S LIEN CLAIMS
STATE OF TEXAS )
COUNTY OF DALLAS )
The undersigned is an original contractor or subcontractor who has furnished labor and/or materials ("Work") in the construction of
improvements upon real property owned by CW MF1 Land, Ltd., a Texas Limited Partnership ("Owner"), located in the City of Coppell, County
of Dallas, State of Texas.
For Work in connection with the Property, the undersigned received $0.00 through January 31 sl 2014 ("Prior Down Date"), is owed
$100,810.65 through February 281h. 2014 ("Down Date"), except for $10.081.07 of retainage, not yet due and payable.
Except for such retainage amount, the undersigned (a) through the Prior Down Date, and (b) additionally, upon receipt of the amount
owed, through the Down Date:
Has been paid in full for all sums owed for Work concerning the Property;
2. Acknowledges complete satisfaction of, and forever waives and releases, all claims of every kind against Owner or the
Property, including but not limited to all liens and claims of liens, which the undersigned may have as a result of or in connection with the Work;
3. Has represented and warranted and does hereby represent and warrant that all persons or entities who have furnished labor
and/or material to the undersigned in connection with the Work have been paid all amounts they are owed, except agreed retainage not yet due
and payable which in total does not exceed the retainage amount set forth above; and
4. Agrees unconditionally to indemnify Owner and hold Owner harmless against all liability, loss, cost or expense (including
but not limited to attorney's fees) now or hereafter incurred, paid or suffered by or asserted against Owner or the Property because of any claim or
action by the undersigned, or by any person or entity claiming by, through or under the undersigned, with respect to the claims, liens and rights
herein waived and released or arising out any breach or untruth of any representation herein made.
In consideration of its funding of loan proceeds to be used to pay for Work furnished by the undersigned, the undersigned hereby
agrees and acknowledges for the benefit of ("Lender") that all mechanic's liens or rights to the same now
or hereafter owned or held by the undersigned are and shall be subordinate and inferior to the lien of the deed of trust held by Lender on the
Property.
The person signing this document represents that he or she is duly authorized to do so on behalf of the undersigned original contractor
or subcontractor.
All of the provisions of this document shall bind the undersigned original contractor or subcontractor and the undersigned's heirs,
legal representatives, successors and assigns and shall inure to the benefit of Owner and Owner's heirs, legal representatives, successors, assigns
and sureties.
EXECUTED this 17th day of March, 2014.
By:
Louis Tiseo, Secretary Treasurer
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on March 17'h, 2014, by Louis Tisco, of and on behalf of Tisco Paving Company a
Michigan Corporation
N ary blic, in and for State f Texas
Payee of Check
Invoice Number
Amount of Check:
Invoice Date
Due Date
Description of payment:
Job Property
�'I IfDr. t,/o
Billingsley Property Services
Accounts Payable Voucher
Subcontract
li�4a Z-10
1'
_ 3-7l-11
Category G/L Account Amount Description
Cf1ySy/ Ham -
TO'1'AI,
Special Instructions
nReturn Check to.-
Date
o:
Date of submission: Initial
,
8 O S S
Np
8 S N
S 8
N
Qp pN � pQ
C O � E I7 ID (9 '
O ' e- Ol �
n • • • � . • • • � � �
CI � f•1
� . • • �
m O '
Q
m
�
CYj,
¢
w
X m y
rnt
O
w
N N H
Ems w
m 85888
c
S S S
o
mov
S 8
8
8 _880 8
wo
z
m
F�-
m W
0
W
0
t:
R c 0
r
r
O
r
U
B�S�S
S S 8
8 8
S
o SSS
8
m
L
a
tV t•1
p p p
p p p p p p
ONOSSOQ�OSNSOOO
p p pp
805550�
p
O
N
5$$SSSSS
w 25�mwwi� �
v
Sn"m 2�xNosoNo-i
g�iw o7i
QSS
m
m
�nwww
P'1101°)
wwwT�wwwwwww
Nw
w w
25g
N ov
w ww
Q
Nw
o
S S S n n S S
O m S� o O S N S S V m
S V Y S O
•wo 5 5
�
m BQOmw'
C O �
a v r�
w w w w w w w
S •- ANNN pp
'/ (V
vi N
w w w ... w w w w w
S
... w w
v c
w w.
w
8 oh
o rM�RNO Q
oQow
�m mcI Yl N -k
16m
r
'-
D J Q J NyJ W
J wH(n (}n JJw W W NU
W uD u,- {L
J JJ
w
4
w
Z}
3
m3
O
UO
z
0 W
d
j U
Z
Jj
z
Jc_i
o
w
W
a. n
a
w xx
a W
a LL
J ^ma
J wa roX
tjOW
¢wZ O
a
0
_.
O o
w Y
a �oz a
¢
00, ¢
o
a 0 z W
O w W-
U ?�W 3
f. C7 w ¢
l'Jr W Jz
Zzzm7
a
J
zw� ww¢
O w,�i w O K .Ji
K�-wo
cC
O Q O¢ Q N
W 3 z U
•f j J O Z
Z
X0,+1 main
mw-
w aOJp " �-.
0
W
Da�UVIz
U
w K Q. W r
U J K K
w
U
W mUj
W
QKK in
O
z
Ii z_ ZJ>wU �W QOpm^az
nO
m❑ }v
ww
zw zw zw
0
zmx,.ODg
=a¢Uw
J
O OJ `L
wzwz
w
a
wwww Q
Z
¢
K U
�oJppFF
z z J w w m w
O¢7O.xXX-XX
J�ozgOOuww�
z-- w O U -' w 0¢
O¢JoUU¢Owwo<
a sa a 0
aaaaU
O
w
J
wz
o-
a<
U z j? W W j
lrg. W Q O n m U W W w J w
O V ww�m
Z U' U
w
Oil
w Z
o7)
LLFU0000
QLL¢
,,--wa_ob
�KWw m¢ w
0000w
} 00y u)
Lr
zw
LL X
z
([ J ¢www w
HUwIx¢ K¢
O',Oj.- 00 ,¢- ¢g0w
coS u, �UiO w m. F- W
Fr W
0000
J HK
N !na
S W
UO
0m
Q�N17Qwm
�mo'��2:i 'R
wN(VNN
N
W
o
tt
i
H
4
U
OU
N
w
Z
w
X m y
rnt
O
w
N N H
Ems w
LL wo
a
o
mov
o
r
a
a
a
z
D
z
m W
0
W
pp
r
O
r
W
J
a
J W
m. N
-1 - _. U n m O n m
0 v 0 v
aa.
a
3
�
J
M
0
z
Z
pp
1
W
J
a
J W
m. N
-1 - _. U n m O n m
0 v 0 v
aa.
a
PARTIAL WAIVER AND SUBORDINATION
OF MECHANIC'S LIEN CLAIMS
STATE OFTEXAS
COUNTY 01: DALLAS
'File undersigned is an oriOnal contractor or subcontractor who Itis famished labor mid/or materials ("Work") in the construcuon(A
mipruvements upon real property owned by CW NIP I Land, Ltd., a Texas Limited Partnership ("Owrier'"), loc,1ted in the City of Dallas, Cnrzut}
of Dallas. State ol'Texas.
For Work in connection with the Property, the undersigned received $90.729.58 through February 28di, 2014 ("Prior Down Date'), is
owed _01
Except
through March 31st. 2014 ("Down Date'), except Im $11.622.49 of rctainage, not yet due and payable.
Except for such retainage amount, the undersigned (a) through the Prior Down Date, and (b) additionally, upon receipt oi'die amount
owed, through the Down Date:
I hu been paid in full Per all sums owed for Work concerning the Property
2 Acknowledges complete satisfliaion of, and forever waives and releases, all claims of even' kind against Owner or the
Properly,.includinz but not limited to all lieais and claims ol'licns, which the undersigned may have as a result ofor in connection %vide the Work,
3. I las represented and warranted and does hereby represent and warrant that all persons or entities who have Furnished labor
anal/or material to the undersigned in connection with the Work have been paid all amounts they are owed, except agreed retana_ae not yet title
and payable which in total floes not exceed the retanige amount set forth above; and
4. Agrees unconditionally to indemnity Owner and hold Owner harmless against all liability, loss, cost or expense (including
but not limited to attorney's Iecs) now or hereafter incurred, paid or suFlered by or asserted against Owner or the Property because ofany claim or
archon by the undersigned, or by any person or entity claiming by, through or under die undersigned, with respect to die claims, liens and rights
herein Naived and released or arising out any breach or untruth ol'anyrepresentation herein made;
In consideration of its funding of loan proceeds to be used to pay for Work lirrnished by the undersigned, tile undersigned hereby
agrees and acknowledges F'or the benefit of ("Lender"),that all ntechanic's!liens or rights to the sunx bow
or hereafter owned or held by the tndersiL_ned are and shall be subordinate and inl'crior to die hen oldie decd ol'trust held 1)), Lender on die
Property,
The person siY_ning this document represents that lie or she is duly authorized to do so on behalror the undersigned original contrrcuat
or subcontractor.
All 01, tile provisions of this document shall bind rhe undersigned original contractor or subcontractor and the undersigned's heirs,
legal representatives, successors and assigns and shall inure to die bcnelit ol'Oivner and Owner's heirs, Iegal reprtsentutives, successors, assigns
and sureties,
EXECUTED this 29th day of April, 2014;
By::—Ol "-_
Louis Tiseu, Secretary <Treasurer
STATE- OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on April 29'x' , 2014, by Louis'r' fond on behal i' 'co Paving ConVany u
Michigan Corporation
N tit -1 in and for Stale o
Billingsley Property Services
Accounts Payable Voucher
Subcontract
Payee of Check
Invoice Number
Amount of Check:
."1w SL
Invoice Date
Due Date
Description of payment:
Job Property Category G/L Account Amount
f Description
NOD
�a rss, ray
C 15�P,1
"1'07111
Special Instructions
nReturn Check to:
Date of submission: ,% Initial
�- i
Q
SS
SN
SB,(pS�S r S
r r , I I
m 0O
N
o
8S pNS pNS 8��
Oi r
OOp VS
M r0 til .- t7
•- Q
N
O
E
' .Q--
0F
y
n 5
W
m 1:W
so
m
m
bo 0
$0
¢
a
a
Z
0
F-
ci vi o ui
<
w
0 0
O O O 0o O O
o a o 0 0
Amo QoQ ,000 m
„
V
m
8 S S 8
ry $ $ $8 8
8pq
�.$ 8
g $ S
n
w
p8o Vo$1 oN8
99d99§8
and99§ S
,lpS�_8 15pi oO8 S8
p8N
stO s1ot(1N0@r0 C(O!Nh0.
S5 Q8
M 00
m
QNB Otr-w �n1!1�c'!"I
w„w„w
wwwT�wwwww„�
w�''- N
w w
N' g
w w
V
w
U
w
588��58
8�8m8S8Sop8opS8eS
8��885
�
a
Q� V OmrD `
QgV Irl
N�I�(1 tOrl f`Nf�{N C]lDN �
1'l N �
�•-� OrA
88
c O.O
? O
�
wwww8 w wOw
w(wp w.�w,w
wwwww
w ww
w
� � � OD � Q
pwwwwwww
•- 10 OT [V � N � 0�0 N Q � �
N � � Vl �
Tj e- �
0
VI
J Q J f/J fA J W
't� l- UI N U J %o W W (}/1 U
'
fn
w
3
n:
0
7 Q
z
2
00
J J
z
O d
W Z
n '='
J+
,JjU1
W
}
,� m Z
J y Q
O p W
U z z Z
W
4
0.
0O
ujO
1 a W z r
o pz
W W= O
o
0 Q ZW
¢WZ
U 2
m
ZZ
Z¢zz5wWa
JO
o WWW o
a25U
OpoWQW
U
¢ +
>jz(7
O
7U� aaw
j w QOOmFpaf
Wmwoo
06iz
U
omz
xU > z
. aQ�z
wpE
z, z`Z
zZ
Zzpm^azOpJF
2
Oal
KW
¢]a¢UUm
JKWSUoo
O
pU_�UwKJOF
Ia-r r FU
NmmW
m
WOWyo
ZWz
dr'
UWWWW702
q>,.I-ZZ2Z
.iN
o.w
OU.
W
O KVWWW
NOWoKJ
VOO
000n
ZU
W
zyoa
o
M25
¢WWWW
N41
2
:zF
m.peroo¢Wza
O-ca
WWmW
o _ - ¢5005
rmUVW : F- w
U Upp U o( F
VI w a
w
00
Q� NN Q N tD
n m OI OST (f1� O N(O�m
TNNNN
N
Q
OSl
1D '
N
�
O
o
I-
QUQ
K
w
f
Z
w
�
En
U
�z
0F
y
n 5
W
m 1:W
so
m
m
bo 0
¢
a
a
Z
m
<
w
p 9 m 0 n m
W ym z
a
a ¢
J
,
0
}
w
�
En
�z
a
a.a
Z
m
N
r
p 9 m 0 n m
W ym z
a
a ¢
PARTIAL WAIVER AND SUBORDINATION
OF MECHANIC'S LIEN CLAIMS
STATE OF TEXAS
COUNTY OF DALLAS
Tile undersigned is an original contractor or subcontractor who bas furnished labor mud/or materials ("Work") in the construction of
improvements upon real property owned by CW MF I Land, Ltd., a Texas Limited Partnership ("Owner"), located in the City of Dallas, County
of Dallas, State of Texas.
For Work in connection with the Property, the undersigned received $104.602.41 through March 31. 2014 ("Prior Down Dale"), is
owed $169.771.99 through April 30.2014 ("Down Date'), except for $27.437.44 of retainage, not yet due and payable_
Except for such retainage amount, lee undersigned (n) through the Prior Down Date, and (b) additionally, upon receipt of dle amount
owed, through tile Down Date: V
Has been paid in till[ for all suets owed for Work concerning the Property;
2 Acknowledges complete satisfaction of, and forever waives and releases, all claims of every kind against Owner or the
Properly, including but not limited to all liens and claims of ficins, which the undersigned may have as a result of or in connection wifli the Work;
3. Has represented and warranted and does hereby represent and warrant that all persons or entities who have lurnished labor
and/or material to the tutdersigned in connection with die Work have been paid all amounts ihcy are owed, except agreed retainage not yet clue
and payable which in total does not exceed the retainage amount set lords above; and
4. Agrees unconditionally to indemnity Owner and hold Owner harmless aeautsL all liability, loss, cost or expense (including
but not limited to attorney's fees) now or hereafter incurred, paid or suffered by or asserted agaitst Owner or the Properly because of any claim or
action by the undersigned, or by any person or entity clainting by, through or under the undersigned, w'idt respect to die claims, liens and rights
herein %valved and released or aris6tgout any breach or untruth of any representation herein made.
In consideration of its finding of loan proceeds to be used to pay for Work furnished by the undersigned, the undersigned hereby
agrees and acknowledges far the benefit of ("Lender") that all mechanic's liens or rights to the same now
or hereafter owned or held by the undersigned are and shall be subordinate and inferior to the lien of the decd of trust held by Lender on the
Property.
The person signing this document represents that he or she is duly audtorized to do so on behalf of die undersigned original contractor
or subcontractor.
All of the provisions of this document shall bind the undersigned original contractor or subcontractor and the undersigned's heirs,
legal representatives, successors mud assigns and shall inure to Ute benefit of Owner and Owner's heirs, legal representatives, successors, assigns
and sureties.
EXECUTED this 29th day of May, 2014.
By:
Louis Tiseo, Secretary reasurcr
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on May 29"', 2014, by Louis Tisco, of an all'ofTiseo Pavirt= Company a
Michigan Corporation
,,.,tltlllf lllllll
NON J. Notary Pu lic, and for State ofTex• s
1.
Ay1�iy� �1�15 • ,*
222• �'1 �
..0
Billingsley Property Services
Accounts Payable Voucher
Subcontract
Payee of Check �1(S�o l�✓,.�h .
Invoice Number
Amount of Check:
Invoice Date
Due Date
Description of payment: lh✓✓, „^
Job Property Category G/L Account Amount Description
707AL
Special Instructions'/y�y
nReturn Check to:
Date of submission: Initial Initial
88888,88
8 N 8$ 8 8$ w 8 8, 8
88$$S
q S tq 8 N
�m,g
��a �"s_ .99 9
rl{�MEW
9!W�
8�g8q$8QQ88
5888888588,8
R.8$88
� S, $ 88
iib 23 S'~
om gks �z iCJw
9 ^
n pl Q4.
u
8R$8888
88888858
$ $ 8
3 ^^8SiQ
��iS8 my o
a
$N8885288�8$$8.
8$g88.8p
z
R2�pU Rop�p�♦�gv�3
RhinoN
� R m ��
YHUM
w N Nq N N
° N
N
8$888889�S5S8,$$
8,.<88
88 � n�
S8S85.��88
3 OM1 Q OtG m'
d f N
...Nppw. .
��' 8ri V7 NHl? iDNN
tai N r
NtuNp1NN88NN.....
8T Y Y YI
wNNNw
00 � 00
Y Q.
wN
�Nm88 Q
B..
r08 r!NNw8NQM1 �.
N�N N_i+
:m
pp q
1(=. ^^ m ti
p .-
ri no nm
NN
aa
I WWI W
QQQQ
�NF.}/1N�IW W W NU
aa aa aa
yJJI
�p
Q
� }
4
ui
4
�<
p ¢
z
U'
z
N
01.1
>>
W0
4
$
m
ii
a X
LL
z
� 'm
W
vOz z
O �Z 2
a
�
p
U O
(a¢} Qa upi Y
O 254.. �
LLJUY<
¢
O
O ZW
LL 'N Z K
U "¢W 3
OZ m
z z
./
p oZ w O< >
F�O'QI'
LLp m ¢ LU LL
f w U zo
a0��uu-
5 w -w " a
za�c¢ivp-iz
¢¢w
0�...a z � z
a afi.RME. i
WHO
0000�
¢
F=NN07�
Z
4 j a Q U U N
p U2 S<44<O
w Z O V¢ pU
ZZZZZ
w N N N ¢
w
¢ w uQ U' U
O U O Z Z Z Z
i
U01=- OulQ�p
N U❑ 3 Z K K O F
Ir9 a
w w Q
d
p
zd ¢ O ¢
�p-iFF-F
J
Z Z N_ I!1-u1�l
'uS
W Um
A'0-809-0.AMZU1
^ O o25
Or<p¢w°KULLw¢o
w.
wwww
mmm
0000
wz Opo
ull
U
c°i0� uX1W
U Od O<
vZQ»�>�i
�
'-'-�� Qi��waW J�
mnoaa^zz�z`9ia�
uU.0k1Ua�
w iW �� �❑I
r ¢'o¢rcm
4wU
Qwwww
r U a K¢¢¢
O-'0-rQ Spur
26'X62'06 r w
����
U U U U r
r¢ xril
W w a U p U '04
E r nr1QNm
G
nmmo�nnvw rm
mo^„
N �N
PARTIAL WAIVER AND SUBORDINATION
OF MECHANIC'S LIEN CLAIMS
STATE OF TEXAS )
COUNTY OF DALLAS )
The undersigned is an original contractor or subcontractor who has furnished labor and/or materials
("Wor)0) in the construction of improvements upon real property owned by CW MF1 Land, Ltd., a Texas Limited
Partnership ("Owner"), located in the City of Dallas, County of Dallas, State of Texas.
For Work in connection with the Property, the undersigned received $ 246.936.96 through
APRIL 30 , 2014 ("Prior Down Date"), is owed $_55,203.14 through MAY 31 , 2014 ("Down Date"),
except for $30,214.01 of retainage, not yet due and payable.
Except for such retainage amount, the undersigned (a) through the Prior Down Date, and (b) additionally,
upon receipt of the amount owed, through the Down Date:
Has been paid in full for all sums owed for Work concerning the Property;
2. Acknowledges complete satisfaction of, and forever waives and releases, all claims of every kind
against Owner or the Property, including but not limited to all liens and claims of liens, which the undersigned may
have as a result of or in connection with the Work;
3. Has represented and warranted and does hereby represent and warrant that all persons or entities
who have furnished labor and/or material to the undersigned in connection with the Work have been paid all
amounts they are owed, except agreed retainage not yet due and payable which in total does not exceed the retainage
amount set forth above; and
4. Agrees unconditionally to indemnify Owner and hold Owner harmless against all liability, loss,
cost or expense (including but not limited to attorney's fees) now or hereafter incurred, paid or suffered by or
asserted against Owner or the Property because of any claim or action by the undersigned, or by any person or entity
claiming by, through or under the undersigned, with respect to the claims, liens and rights herein waived and
released or arising out any breach or untruth of any representation herein made.
In consideration of its funding of loan proceeds to be used to pay for Work furnished by the undersigned,
the undersigned hereby agrees and acknowledges for the benefit of
("Lender") that all mechanic's liens or rights to the same now or hereafter owned or held by the undersigned are and
shall be subordinate and inferior to the lien of the deed of trust held by Lender on the Property.
The person signing this document represents that he or she is duly authorized to do so on behalf of the
undersigned original contractor or subcontractor.
All of the provisions of this document shall bind the undersigned original contractor or subcontractor and
the undersigned's heirs, legal representatives, successors and assigns and shall inure to the benefit of Owner and
Owner's heirs, legal representatives, successors, assigns and sureties.
EXECUTED this 12TH day of JUNE , 2014.
STATE OF TEXAS
By:
LOUIS TISEO, SIfCRETARY TREASURER
jULIA4-!,�
i
.•• 'p'TARJ-
,2014
�2�'��.
, 2014"by LOUIS TIDO, o�an�on be ai�£ 6
�en
9 n:
0.� O� o
COUNTY OF DALLAS )
This instrument was acknowledged before me on APRTr—
Tiseo Paving Company a Michigan Corporation.
'Notary Public, in and for State of xas *"-, gas '
Payee of Check
Invoice Number
Amount of. Check:
Invoice Date
Due Date
Description of payment:
Billingsley Property Services
Accounts Payable Voucher
Subcontract
_Tse
N
Return Check to
Date of submission: Initial
PRO
N
0 0 0 0 0 0 0
p O O O d 60
o011D tN.lrm�
0 0 0 0 0 0 0 0 0
nODN�NNObbNOOi uMt
O O O O o
Mill ON
m O N O O
q
o
n O O N
Oo N!
N
I
N
�
000000b
o ro 0
0
o.0 g0000000.
o.o.00
000
o oo.. o oq
0
F-
p
F
f
Cl N
Z
U
N
w
K
o e
zN
O '.
w
�°
f
Lu
Lu
0000000000 0
00000
00
o
qn. 000
d v
0000 oo.q
og
N o n N 6
mid v� N
z
z
OLq
d
N
J
F
O
000000
0
0o
oN o o o o o o o ovi
0000000
o n 0 0
m o r� o.
Nlp l7n ww
o r oy o 0 o eN
�pl0 0 0
rmN�hNOoNNO!�
S -.g m
MMT'
N oo2, N,
yoy
N�NmN
ww�w�wiAN H �Nh
w W
((yy
N Vd1N �` ✓riN Yf
N
SoO doandnq
aND
0
n MnNCI iI` oviV
o
o o n N d O
vv
d A
VM
a o
d h
O O
NNNMNNN
MNM w. w. MNNMN
IA.N'WINN
N N✓s N WIq N
��-m oN�d
��m�Nd NSM N
N�bN�
� •-,- NVI
c
NJ QJI}gNJ W
�N f NNLLJ LLJ 4ai W W V)U
3
m3
SQ
z
O
up
O
z
J
z
jo;
�+ Z
J
W
0'
z
W0.
O
0 0
U W r iq
W
a ow W Y
O W QJQ a
U a N
�(w�j2 00
LL W° O
ZZ2>p
W
a
J
0
4m
0 n
z
o
TWO m
jaa
¢ a N
WW u rc LL
�>3Z
Z w LL ~
oz
m d U N z
U
U W
mwa �Wr-
Wp Q°
< Q M. zw,K W
a
O
W
o 0
m
09—M x z J z
zx (il OJT
m N w Z z w 0 Z
JmUZO�p m >
Z O O W
9¢¢¢ QO
O $ m
O N
Qm�<000
¢pZz
NJzouK°�iu
vrvt-i�wv~ia
$ a ci
N
Z�NNh
Zw..
Zp
UJJ
wcl
a
oz c0Z
>o 0
Wp
O �
W()
WOKU
pUUU2
z a O
WwxWOUW
W
--!
OOOOw
Lu Y00w -llZo
0 =Q Zr
WW
O,-9HQ�O1WW NUNKKKK Mmxrn?UNm
Pw
UUU F-
2z
�9
U1 Na U° Umd UJ
y_~-I�
NM dN N
r NO��r ��d NCO' W
ryU
mryNNry
N N -
PRO
N
N
NCl
�
pp
p
F
f
O
U
Z
U
N
w
K
d gg�
zN
O '.
w
�°
f
Lu
Lu
39
O
K
¢ a
a
z
z
OLq
N
J
F
O
PRO
N
PARTIAL WAIVER AND SUBORDINATION
OF MECHANIC'S LIEN CLAIMS
STATE OF TEXAS
COUNTY OF DALLAS
The undersigned is an original contractor or subcontractor who has furnished labor and/or materials ("Work") in the construction of
improvements upon real property owned by CW MF1 Land, Ltd;, a Texas Limited Partnership ("Owner"), located in the City of Dallas, County
of Dallas, State of Texas.
For Work in connection with the Property, the undersigned received $271,926.09 through June 30th, 2014 ("Prior Down Date"), is
owed $60.302.26 through September 30th ("Down Date"), except for 0.00 of retainage, not yet due and payable.
Except for such retainage amount, the undersigned (a) through the Prior Down Date, and (b) additionally,.upon receipt of the amount
owed, through the Down Date:
Has been paid in frill for all sums owed for Work concerning the Property;
2; Acknowledges complete satisfaction of, and forever waives and releases, all claims of every kind against Owner or the
Property, including but not limited to all liens and claims of liens, which the undersigned may have as a result of or in connection with the Work;
3. Has represented ,int Woffa rated find do(:& hdreby represent and warrant that all persons or entities who have furnished labor
and/or material to the undersigned in eomteclion wills the Work have been paid all amounts they are owed, except agreed retainage notyet due
and payable which in total does not exe0d.,111e relobagie AototlttGse[ lbrdh above; and
4. Agrees l moriditioilaily to.wttemnrfy Owner and hold Owner harmless against all liability, loss, cost or expense (including
but not limited to altoiney's Cces)11r1w or 1if vatler incurred, paid or sulfured by or asserted against Owner or the Property because of any claim or
action by the undersigned, or by any person or enettty claming by, throogl or under die undersigned, with respect to the claims, liens and rights
herein waived and're a8gt d or ari5ingout ntly breach or unlntllt ofanyriepresentation herein made.
In consideration of its funding of loan proceeds to be used to pay for Work furnished by the undersigned, the undersigned hereby
agrees and acknowledges for the benefit of ("Lender") that all mechanic's liens or rights to the same now
or hereafter owned or held by the undersigned are and shall be subordinate and inferior to die lien of the deed of trust held by Lender on die
Property,
The person signing this document represents that he or she is duly authorized to do so on belialf of the undersigned original contractor
or subcontractor.
All of the provisions ofthis document shall bind the undersigned original contractor or subcontractor and the undersigned's heirs,
legal representatives, successors and assigns and shall inure to die benefitofOwner and Owner's heirs, legal representatives, successors, assigns
and sureties
EXECUTED this 31" day of October, 2014.
ByuiP� Robert C e t
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on October 31, 20t4, by Robert Caudill, of and n behalf of Tisco Paving Company a
Michigan Corporation
Notary ub It, in and for State of `' ` ' '
FINAL WAIVER OF MECHANIC'S LIEN CLAIMS
STATE OF TFXAS
COUNTY OF DALLAS
The undersigned is an original contractor or subcontractor who has furnished labor and/or materials ("Work") in the construction of
improvements upon real property owned by CW MF1 Land, Ltd„ a Texas Limited Partnership ("Owner"), located in die City of Dallas, County
of Dallas, State of Texas.
For Work in connection with the Property, the undersigned received $332,228.35 through October 25th,
2014 ("Completion Date"), is not owed any amounts, and no amounts have been retained.
Therefore, the undersigned:
Has been paid in full for all sums owed for Work concerning the Property;
2. Acknowledges complete satisfaction of, and forever unconditionally waives and releases, all
claims of every kind against Owner or the Property, including but not limited to all liens and claims of liens, which
the undersigned may have as a result of or in connection with the Work;
3. Has represented and warranted and does hereby represent and warrant that all persons or entities
who have furnished labor and/or material to the undersigned in connection with the Work have been paid all
amounts they are owed; and
4. Agrees unconditionally to indemnify Owner and hold Owner harmless against all liability, loss,
cost or expense (including but not limited to attorney's fees) nor or hereafter incurred, paid or suffered by or
asserted against Owner or the Property because of any claim or action by the undersigned, or by any person or entity
claiming by, through or under the undersigned, with respect to the claims, liens and rights herein waived and
released or arising out of any breach or untruth of any representation herein made.
The person signing this document represents that he or she is duly authorized to do so on behalf of the
undersigned original contractor or subcontractor.
All of the provisions of this document shall bind the undersigned original contractor or subcontractor and
the undersigned's heirs, legal representatives, successors and assigns and shall inure to the benefit of Owner and
Owner's heirs, legal representatives, successors, assigns and sureties.
EXECUTED this 4th day of December, 2014.
By:
Name: Ro crt Caudill
Title: Vice President
STATE OF TEXAS
COUNTY OF DALLAS )
This instrument was acknowledged before me on December 4th, 201, by Robert Caudill, of and on behalf
of Tisco Paving Co., a Michigan Corportation.
*,�tttlu u►Nr���� �
R. T,Q �i,�
� L� ,
pp.. y�pU '''� Notary 'ublic, n1 and for Sta of Teras
�4tj efid� r
• 'sT�+reot=���` r