Maintenance BondSECTION XIV -ACCEPTANCE OF THE SUBDIVISION
A. After completion of all items required in the plans and specifications, the
Developer's Contractor shall submit to the City a maintenance bond in the amount
of fifty percent (SO f) of the Contract amount guaranteeing workmanship and
materials, of all public improvements, for a period of two years from the date of
.final. acceptance by the City. The City Engineer or his designated agent shall verify
that all items have been completed, including the filing of the plat and all related
easements and documents, payment of pro rata fees for water and sewer services,
payment of required water and sanitary sewer and roadway impact fees, etc. The
City Engineer or his designated agent, shall conduct a final inspection/walk through
of the project and, if all work is found to be acceptable, shall issue a Letter of
Acceptance. If the work is not acceptable, a "punch list" of items to be completed
will be given to the Contractor. Additional inspections/walk throughs will be
scheduled as needed until the work is acceptable and a Letter of Acceptance is
issued.
B. Acceptance of the subdivision shall mean that title to all dedicated improvements
is vested in the City of Coppell. The Developer and his Contractors shall,
however, be responsible for a period of two years to repair any defects in the
accepted dedicated improvements that are covered by the maintenance bond.
END OF SECTION
Page 35
11~AINTENANCE BOND
STATE OF TEXAS }
COUNTY OF DALLAS }
KNOW ALL MEN BY THESE PRESENTS: THAT
and
under the laws of
as sureties,
do hereby expressly acknowledge themselves to be held and bound to pay unto the
a Municipal Corporation, Texas, the sum of
Cents ($
Dollars and
,for the payment of which sum
will and truly be made unto said ,and its successors, said
principal and sureties do hereby bind themselves, their assigns and successors jointly and
severally.
THIS obligation is conditioned; however, that whereas, the said
has this day entered into a written contract with the said
to build and construct
which contract and the plans and specifications therein mentioned, adopted by the
are hereby expressly made a part thereof as through the same
were written and embodied herein.
WHEREAS, under the plans, specifications, and contract, it is provided that the
Contractor will maintain and keep in good repair, the work herein contracted to be done and
performed, for a period of two (2) years from the date of the acceptance of said work, and to do
all necessary repairs and/or reconstruction in whole or in part of said improvements that should
be occasioned by settlement of foundation, defective workmanship or materials furnished in the
construction or any part thereof or any of the accessories thereto constructed by the Contractor.
It being understood that the purpose of this section is to cover all defective conditions arising by
reason of defective material and charge the same against the said Contractor, and sureties on this
obligation, and the said Contractor and sureties hereon shall be subject to the liquidation damages
mentioned in said contract for each day's failure on its' part to comply with the terms of said
as Principal,
a corporation organized
Maintenance Bond
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provisions of said contract. Now, therefore, if the said Contractor shall keep and perform its'
said agreement to maintain said work and keep the same in repair for the said maintenance period
of two (2) years, as provided, then these presents shall be null and void, and have not further
effect, but if default shall be made by the said Contractor in the performance of its' contract to so
maintain and repair said work, then these presents shall have full force and effect, and said
shall have and receive from the said Contractor and its' principal
and sureties damages in the premises, as provided; and it is further agreed that this obligation
shall be a continuing one against the principal and sureties, hereon, and that successive recoveries
may be and had hereon for successive branches until the full amount shall have been exhausted;
and it is further understood that the obligation herein to maintain said work shall continue
throughout said maintenance period; and the same shall not be changed, diminished or in any
manner affected from any cause during said time.
IN WITNESS WHEREOF, the
caused these presents to be executed by _
and the said has caused these presents to
be executed by its Attorney in fact and the said Attorney in fact
has hereunto set his hand, the day of
PRINCIPAL
20
SURETY
By: BY~
Title:
WITNESS:
Title:
ATTEST:
NOTE: Date of Maintenance Bond must not be prior to date of Contract.
said
has
Maintenance Bond
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