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Denton Creek NH-CS100104T H E • C I T Y O F COPPELL F January 4, 2010 Larry Parker SCI Construction, Ltd. 5467 New Copeland Rd Tyler TX 75703 RE: Denton Creek Nursing Home Addition Final Acceptance Dear Mr. Parker: Representatives of the City of Coppell have confirmed a final inspection of paving and utilities for the referenced project. The two -year maintenance bonds and record drawings have been received. Maturity on the bonds will be two years from the date of this letter. You may notify the MS4 (City of Coppell) at any time during the two -year maintenance period if stabilization of the site per the SWPPP permit can be demonstrated. If so, complete and submit a Notice of Termination (NOT) to discontinue coverage under the SWPPP permit. A follow -up inspection of the facilities will be conducted prior to the lapse of the two -year bond period. If any punchlist items are noted at that time, you will be contacted to make repairs. Thanks for your cooperation. Sincerely, Rick O'Dell Construction Inspector Office Phone: (972) 304 -7090 Fax: (972) 304 -3570 cc: Ken Griffin, P.E., Director of Engineering & Public Works Glenn Hollowell, P.E., Asst. Director of Public Works Michael Arellano, Chief Building Official Tim Oates, Deputy Chief/Prevention 255 PARKWAY * P.O.BOX 9478 * COPPELL TX 75019 * TEL 972/462 0022 * FAX 972/304 3673 MAINTENANCE BOND STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL BY THESE PRESENTS: THAT /4c ? ((t C/"e% N as Principal, and SN rC L cif/4^,c e dl) mA t{ , a corporation organized under the laws of 1 )(4$ as sureties, do/Thereby expressly/acknowledge themselves to be held and bound to pay unto the C. 117 OF C // , a Municipal Corporation, Texas, the sum of E:5 A /1i G c i S/9 A✓�/Acc //i�r.mil/I�J C i/e/v7'7 ` V G Dollars and J©o/700 cents $ Q 3 7 S S coo / ( ) , for the payment of which sum will and truly be made unto said C ,-717 01= , and its successors, said principal and sureties do hereby bind themselves, their assigns and successors jointly add severally. THIS obligation / is conditigped; h9wever, that whereas, the said O.v c,-c C, rN C has this day entered into a written contract with the said (Gn/5/WC"(�i,CA/ !n�� to bit and construct l���-re/,✓ (''cc k ' ,/ter(s,'„/jr �or c fe 7��` which i contract apjl the plans and specifications therein mentioned, adopted by the C I /7 OF ( '?e // are hereby expressly made a part thereof as through the same were written and a died 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 Maintenance Bond Page 1 of 2 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 ain and air said work, then these presents shall have full force and effect, and said C-147 c b",9 c-7/ shall have and receive from the said Contractor and its' principal and sureties dadidges 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 said / er9w c� (r�,�c t 7c- J/ . has caused these p rpnts to be exec ted by =012 i-1 C.4,.�ci t and the said - vl rt I r C 1 ri5I-r(4,-,cc A,.&. has caused these presents to executefl Apy its Attorney in fact and thi said Attorney in fact , has hereunto set his hand, the 2 5 day of VUvE ov ee , 20 Q 9 . PRINCIPAL SURETY 4c/4/ C (212"1 Cr .5;V-e c c. I 2A By: (1174,/, , By: I Ili 17 Title: Title: a — roc ! WITNESS: ATTEST: NOTE: Date of Maintenance Bond must not be prior to date of Contract. Maintenance Bond Page 2 of 2 PoA#: 4221139 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint John H.Compton of Houston , Texas its true and lawful Attorney(s)-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed One Million and no/100 Dollars($1,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with tl a corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact m ty do in the premises. Said appointment shall continue in force until December 31,2009 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`h of April, 1999.) In Witness Whereof SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 20th day of June,A.D.2005. S�sA � • TEC h • ' CE COMPANY U*F,.X F°o a `► a,%'.,� X113 By: �4 ! kiec=w `" `sat B.J. reside■t State of Texas ss: ' 5 ; County of Harris `f'�'• .. y On this 20th day of June, A.D. 2005 before me personally came B.J. King,to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. Michelle Denny t��Y 4' Notary Public • state of Texas /NW?.W2,�e 4.l'L4,,AcH�: `9 tcc ' My Commission Expires Michelle Denny,Notary Phblie August 27,2008 My commission expires August 27,2008 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. e'i Given under my hand and the seal of said Company at Houston,Texas this 2 3 day . a� 73 C/(' ,20 ,A.D. h Lit,,,_if .Brent Bea , . sistant Sec\tar) Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. . c1/4v it tio 0 : c1(./0, poio 49 Lv C150 \ \ /' 19 6-34 �_ Aro° Maintenance Bond WESTFIELD COMPANIES Westfield Center,Ohio 44251-5001 KNOW ALL MEN BY THESE PRESENTS: Bond No. 72419 That we, Venus Construction Company (herinafter called the"Principal"). and the Westfield Insurance Company ,of Westfield Center, Ohio,a corporation duly organized under the laws of the State of Ohio,and duly licensed to transact business in the State of Texas (hereinafter called the"Surety"),are held and firmly bound unto City of Coppell, Texas (hereinafter called the"Obligee"), in the sum of Eighteen Thousand, Six Hundred Thirty-Eight and 55/100 Litt Percent Lal% of Total Contract.AmownQ Dollars ($18,638.55 ), for the payment of which sum well and truly to be made, we, the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. Signed this 30th day of December , 2009 WHEREAS,the said Principal has heretofore entered into a contract with Broadmore Health Realty, Ltd. dated April 27 , 2009 for Public Water Utilities for Denton Creek Nursing Home Addition, in the City of Coppell, Texas and WHEREAS,the said Principal is required to guarantee the work installed under said contract, against defects in materials or workmanship which may develop during the period beginning on the date of completion and acceptance by the Owner and continuing for a period of two (2) years In no event shall losses paid under this bond aggregate more than the amount of this bond. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period specified above or shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or default of said Principal so to do,then this obligation shall be null and void;otherwise shall remain in full force and effect. PROVIDED,HOWEVER,that in the event of any default on the part of said Principal, as written statement of the particular facts showing such default and the date thereof shall be delivered to the Surety by registered mail, at its office in Plano, Texas, promptly and in any event within ten (10) days after the Obligee or his representative shall learn of such default; and that no claim, suit, or action by reason of any default of the Principal shall be brought hereunder after the expiration of thirty days from the end of the maintenance period as herein set forth. VENUS CONSTRUCTION COMPANY Principal C By r l 4C. Josh McAda, President WESTFIELD INSURANCE COMPANY 1 Surety Bk a A '" ,i•+ 4,'• act r -le W. wee,e \ THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER#AND ISSUED PRIOR TO 09/09/09, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 4220052 06 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a 'Company' and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint CHARLES D. SWEENEY, MICHAEL A. SWEENEY, KYLE W. SWEENEY,JENNIFER R. MARSH, JOINTLY OR SEVERALLY of FORT WORTH and State of TX its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate • seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said.appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved,that the President,any Senior Executive,any Secretary or any Fidelity& Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver, any and all bonds, recognizances, contracts,agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any-certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof,WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to-be signed by their Senior Executive and their corporate seals to be hereto affixed this 09th day of SEPTEMBER A.D.,2009 . ,N.N,w. Corporate ...•'• .r,,.y .,,.,, ,•...,, Seals /141"....-�N�'�e P�\OVAL mN."''% ......yak..„, WESTFIELD INSURANCE COMPANY Affixed !" .0y.'•'+o= p.:'' .sG,p ;'��.-••• .''9 WESTFIELD NATIONAL INSURANCE COMPANY �i %-° ? : :vZ=: '• ORTERE•Si OHIO FARMERS INSURANCE COMPANY i M: a� j ti 1 p-: SEAL '`:.. ` �•,,ti•.an ? :n; V: 1848 -•�_ �� /`f' ■ ,/, )te • State of Ohio * , ••i...N..N••', By: County of Medina ss.: Richard L. Kinnaird, Jr., Senior Executive On this 09th day of SEPTEMBER A.D., 2009 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument;that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial al N.,,,,,,,,, 9 /' , ',,.z.,„..4 • William J. Kahelin, A .rney at Law, Notary Public State of Ohio q+ d '/0 My Commission Does Not Expire(Sec. 147.03 Ohio Revised Code) County of Medina ss.: �►•••/' 'aTE. OF O I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect; and furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 30th day of December A.D., 2009 . ?97.if Atm it/r- 1°1' ...=,.._t� } = SEAL :m= :s3 ,,R" �r':,�•.an �._.• �+�*,�r 7. ...-.8y. ; 1848 : Frank A. Carrino, ecret .*'� 'sea�etary *. BPOAC2 (combined) (06-02)