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Duke Lesley-CS080529(12/21/2009) Ken Griffin - Beltline /PW Traffic Signal Page 1 From: "Alex Bennett" <Alex. Ben nett @dukerealty.com> To: "Ken Griffin (E- mail)" <kgriffin @ci.coppell.tx.us> CC: "Larry Davis (E- mail)" <clarrydavis @sbcglobal.net >, "Mindi Hurley (E- mai... Date: 5/29/2008 11:32 AM Subject: Beltline /PW Traffic Signal Attachments: Coppell TS Final Acceptance Letter. pdf Ken- Please find attached the formal acceptance letter for the traffic signal associated with the Lesley Infrastructure project- original to follow via mail. Thanks- Alex Bennett Project Executive BremnerDuke Healthcare Real Estate 14241 N Dallas Pkwy, Suite 1000 1 Dallas, Texas 75254 P 972.361.6714 1 C 214.282.6714 1 F 972.361.6800 <<Coppell TS Final Acceptance Letter.pdf>> 8 E , M - WIN KI R a 1JIF64711clur Re: Cit of Co ff Final Acceptance - Point West & BeItfine Road Traffic Si Cy M- This letter is to serve as a formal re for final acceptance of the aforementioned project. We re a final acceptance of the traffic si associated with the Lesle Infrastructure project with no conditions. The fonnal re for the distribution of the remainin funds spelled out in the Developer's A was sent via separate letter dated Ma 14, 2008. 14241 N. Dallas Parkwa Atlanta Cleveland Indianapolis Phoenix Tampa suite 1000 Baltimore Columbus Minneapolis Raleigh Washin DC Dallas, TX 75254 Chicago Dallas Nashville St. Louis 972361.6700 Cincinnati Houston Orlando South Flor www.clukerealty.com MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Durable Specialties, Inc. As Principal and the Great American Insurance Company of New York a New York Corporation authorized to execute bonds in the State of Texa , and duly author- ized to transact a general surety business in the State of Texas as Surety, are held and firmly bound unto City of Coppell Obligee, in the sum of Sixty thousand four hundred sixty and /5 /1UU ($ 60,460.00 ) Dollars, lawful money of the United States, for payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of the above obligation is such that: Whereas the Principal has Installed Traffic Signals at Lesley Infrastructure - Beltline & 635, Coppell, Texas 75019 f And Whereas, the said Principal is required to give a bond in the amount of Sixty thousand four hundred sixty and 75/100 ($60,460.00 ) Dollars to protect the said Obligee City of Coppell for a period of (2) two year (s) from and after the date of final acceptance • Now, herefore, if said Principal shall for a period of (2) two year (s) from and after the date of final acceptance of said work, replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, the above obligation to be void, otherwise, to remain in full force and effect. Signed and sealed this 13th day of June 2007, Durabl Specialtie , Inc. BY: 4/ C t Gre t American Insurance Company of New York Surety Attorn''"'=in -Fact ac r. ey GREAT AMERICAN INSURANCE COMPANY OP NEWYORK GREAT AMERICAN INSURANCE COMPANY OF NEW YORK New York Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513 - 369 -5000 • FAX 513 - 723 -2740 The number of persons authorized by this power of attorney is not more than THREE No. 0 16961 POWER OF ATTORNEY KNOW ALL MEN BYTHESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY OF NEWYORK, a corporation organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JACK M. CROWLEY ALL OF ALL WAYNE A. COBLE ARLINGTON, TEXAS $75,000,000 PATRICIA A. SMITH This Power of Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above. IN WITNESS WHEREOF, the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 10th day of July , 2006 . Attest GREAT AMERICAN INSURANCE COMPANY OF NEW YORK (7.2 ,,,„,41:‘ LI / , , ssistant Secretary DAVID C. KITCHIN (513- 412 -4602) STATE OF OHIO, COUNTY OF HAMILTON -ss: On this 10th day of July, 2006 , before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company of New York, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. • KAREN L. BERRY W NOTARY PUBLIC, STATE OF OHIO o. My Commission Expires 02 -16 -09 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company of New York by unanimous written consent dated July 27, 1995. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company of New York, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of July 27, 1995 have not been revoked and are now in full force and effect. Signed and sealed this 13th day of June 2007 S S1185B (4/04) MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Durable Specialties, Inc. As Principal and the Great American Insurance Company of New York a New York Corporation authorized to execute bonds in the State of Texas , and duly author- ized to transact a general surety business in the State of Texas as Surety, are held and firmly bound unto City of Coppell Obligee, in the sum of Sixty thousand four hundred sixty and /5 /1UU ($ 60,460.00 ) Dollars, lawful money of the United States, for payment of which, well and truly to be made; we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of the above obligation is such that: Whereas the Principal has Installed Traffic Signals at Lesley Infrastructure - Beltline & 635, Coppell, Texas 75019 And Whereas, the said Principal is required to give a bond in the amount of Sixty thousand four hundred sixty and 75/100 ($60,460.00 ) Dollars to protect the said Obligee City of Coppell for a period of (2) two year (s) from and after the date of final acceptance • Now, herefore, if said Principal shall for a period of ( two year (s) from and after the date of final acceptance of said work, replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, the above obligation to be void, otherwise, to remain in full force and effect. Signed and sealed this 13th day of June 2007, Durabl Specialtie , Inc. BY! y/p7 ( C /141 Gre t American Insurance Company of New York Surety Attorn -in -Fa Tack M. Cr. ey GREAT AMERICAN INSURANCE COMPANY OF NEWYORK GREAT AMERICAN INSURANCE COMPANY OF NEW YORK New York Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513 - 369 -5000 • FAX 513 - 723 -2740 The number of persons authorized by this power of attorney is not more than THREE No. 0 16961 POWER OF ATTORNEY KNOW ALL MEN BYTHESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY OF NEWYORK, a corporation organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JACK M. CROWLEY ALL OF ALL WAYNE A. COBLE ARLINGTON, TEXAS $75.000,000 PATRICIA A. SMITH This Power of Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above. IN WITNESS WHEREOF, the GREAT AMERICAN INSURANCE COMPANY OF NEWYORK has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 10th day of July , 2006 . Attest GREAT AMERICAN INSURANCE COMPANY OF NEW YORK SEAL ir , , d , DAVID C. KITCHIN (513 - 412 -4602) STATE OF OHIO, COUNTY OF HAMILTON -ss: On this 10th day of July, 2006 , before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company of New York, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. KHiiEN L. BERRY �. ', NOTARY PUBLIC, STATE OF OHIO � ; My Commission Expires 02 -16 -09 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company of New York by unanimous written consent dated July 27, 1995. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company of New York, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of July 27, 1995 have not been revoked and are now in full force and effect. Signed and sealed this 13th day of June 2007 - - -.. C A L .1sa.sta F Sr, Relau'c S1185B (4/04)