HomeMy WebLinkAboutRes 2026-09-2021 Assumption of Maintenance and Warranty ObligationsANNA PUBLIC FACILITY CORPORATION
RESOLUTION NO. 2026-09-5021
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ANNA
PUBLIC FACILITY CORPORATION APPROVING, ON BEHALF OF
APFC ANNA APARTMENTS CONTRACTOR, LLC, AN ASSUMPTION
OF MAINTENANCE AND WARRANTY OBLIGATIONS AND
AGREEMENT TO SERVE AS BOND PRINCIPAL BY NRP
CONTRACTORS II LLC FOR CONCRETE PAVING AND FLATWORK
ASSOCIATED WITH THE MERYL STREET PROJECT; AUTHORIZING
EXECUTION AND DELIVERY OF RELATED DOCUMENTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Anna Public Facility Corporation (the "Corporation") is a duly created and
existing public facility corporation; and
WHEREAS, the Corporation desires to approve this Resolution on behalf of APFC Anna
Apartments Contractor, LLC (the "General Contractor") in connection with the project
known as Meryl Street, located at 900 S. Buddy Hayes Boulevard, Anna, Texas 75409
(the "Project"); and
WHEREAS, NRP Contractors II LLC ("NRP") and Flat Rock Concrete, LLC ("Flat Rock")
entered into that certain Subcontract Agreement dated March 6, 2025, Contract No.
TMERL 1-903, for concrete paving and flatwork associated with the Project (the "Work");
and
WHEREAS, NRP has executed that certain Assumption of Maintenance and Warranty
Obligations and Agreement to Serve as Bond Principal, effective July 27, 2026 (the
"Assumption"), a copy of which is attached to this Resolution as Exhibit A; and
WHEREAS, under the Assumption, NRP irrevocably assumes and agrees to perform,
satisfy, and be directly liable for the maintenance, repair, correction, replacement, and
warranty obligations applicable to the Work, and NRP agrees that it may be named as
"Principal" on the maintenance bond required by the City of Anna, Texas for the Work;
and
WHEREAS, the Assumption identifies APFC Anna Apartments Contractor, LLC, Meryl
Street LP, and the City of Anna, Texas as intended third-party beneficiaries and provides
that those beneficiaries may enforce the Assumption directly; and
WHEREAS, the Board of Directors finds that approval and acceptance of the Assumption
on behalf of the General Contractor is advisable and in the best interests of the
Corporation and the General Contractor.
APF CORPORATION RESOLUTION NO. 2026-09-5021 PAGE 1