WA9601B-CS000207 (2) CONTRACTOR'S AFFIDAVIT OF FINAL PAYMENT AND RELEASE
THF, STATE OF TEXAS §
COUNTY OF DALLAS §
'BEFORE ME, the undersigned authority, on this day personally appeared Bob Fox
CAffiant"), who, after being by me duly swom, deposes and says that he is Vice President ,
of Fox Contractors, Inc. (corporation, partnership, trade name)
of Ellis County, State of Texas (the "Contractor"), which said Contractor was
awarded the contract dated the 8th day of December 19 98 , for the construction
of Sandy Lake Road Waterline - Wagon Wheel Ranch Elevated Tank to Denton Tap Road
in Coppell, Texas (the "Work"), for a total consideration of
Nine Hundred Eighty-Five Thousand, Thirty Dollars and 54/100($985,030.54) . Dollars
to be paid to the said Contractor (the "Contract"), and that Affiant has full power of authority to make this affidavit.
That The City of Coppell, Texas (the "Owner") has approved the final
estimate on said Work, and that the said Contractor has fully satisfied and paid any and all claims that may be
covered by Chapter 53 of the Texas Property Code, and Article 5160 of the Revised Civil Statutes of the State of
Texas, or any other applicable statutes or charter provisions, and that all just bills for labor and materials have been
paid and discharged by said Contractor insofar as they pertain to the Work in question.
That in addition to any funds which may have been previously paid by the Owner, the Contractor hereby
accepts the amount of Twenty-Six Thousand, Seven Hundred Fourteen Dollars and 20/100 ($26,714.20)
as FULL AND FINAL PAYMENT under the aforementioned Contract, and hereby waives and releases any right
Affiant and/or the Contractor may have to pursue claims of any nature against the Owner arising out of or in any
manner connected with the performance of the Work and/or the Contract, including but not limited to claims of third
parties that supplied material and/or labor for the Work for or through the Contractor ("Subcontractors"), as well as
claims for delay, additional compensation or for recovery of liquidated damages which may have been withheld by
the Owner. The Contractor shall defend, hold harmless and indemnify the Owner from any such claims of such
Subcontractors. The Contractor further releases the Owner from any claim or liability arising from any act or
neglect of the Owner related to or connected with the Contract. This affidavit is given pursuant to the final payment
provisions of the Contract, and shall not be deemed to alter or modify the terms and provisions of said Contract.
By ~, 'FZ~~F~~~~2~Inc'
(Printed Name)
SUBSCRIBED AND SWORN TO BEFORE ME, this the 7 .- day ?f ~f"~'~(~/~'7 , A.D. 2000.
( '~ o ary Public $ (Nota_ry Public, of Texas)