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ST8504-CS 861114Maintenance Bond BND3 3B 86 56 ~OOLL~%** $25',151.42 I(~ ~ J~ B~ ~ ~ES~, ~'A~% ~d~, L.H. LACY COMPANY_ P. O. BOX ~412~ - Dallas~ Tex~s, ~ ~C~ '~_ FIR~'S INS~CE CO~Y OF N~ N~ JERSEY ~ . c~ormt~om y ~$"anl~ed ~der ~be laws of the :S~te of New Jersey ,. 8nd d~y licensed.~ ~us~ness ~n 'the .Sts'~ of Texas (beretn~er tolled the S~e~y)~ CITY OF COPPELL~ T~S _ H~dred Fifty-One and ~2/100 ~ZI~j J~ the ,~ veil ~d tr~y ;o be m~e~ ve~ 'the said ~nc~pa~ ~ the ass~S~ ~02~t~y ~d scve~a~ fo~y ~ t~ese ~resen~s. tg-_.~tEASj tBe s~ld PrLDCSpSl ~s bere%ofore en%ereG into i coD:fac% Riverchase Joint Venture __. 4SAtel~ _ November 14, 1986 _, f~F Riverchase Drive Phase I ~ ~~,E, 1.be co:~dl%2on of ~bSs 'o~at2on ~s such ~lr, c~ sb~l fait~~ c~ ou% ~ perfo~ the sa~ due non,cea Te~&~ ~d ~.e Zoo~ m% 2~s o~ e~ense ~e the rest% of F~Y wor~s~lp ~d ~erJ~s ~b~cb ~y ~evelop d~2~ ~be per~o~ of ooe (1) ye~, ~l~ee my sus%a~ ~y re.son of fa12~e or ~efa~% · n F~ f~ce ~d effect. L. H. LACY COMPANY FIREMEN'S INSURANCE COMPANY OF ~E~ARK? NEW JERSEY _ ~: d Linda 0 Nate, Attorney Fireman's Insur.' ce Company of Newa New Jersey ' 80 Mai,.,< n Lane, New York, New York 3038 GENERAL POWER OF ATTORNEY Know all men by these Presents,That the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has made, constituted and apDointed, and by these presents does make. constitute and appoint Jerry P. Rose or Linda O'Nale or Juanda J. Holmes or Richard D. Hansen, Jr. or Barry L. Crow all of Dallas, Texas, EACH its true and lawful attorney for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to Ail Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of One Million (:$1,000,000.) Dollars. This Power of Attorney is granted and is signed and sealed by facsimile under and by the autl~ority of the following Reso- lution adopted bythe Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meet- ing duly called and held on the 20th day of February, 1975. "RESOLVED. that the Chairman of the Board, the Vice Chairman of the Board. the President. an Executive Vice President or a Senior Vice Pres- ident or · Vice President of the Company, be. and that each or any of them hereby ia, authorized to execute Powers of Attorney Qualifying the attor- ney named in the given Power of Altorney tO execute in behalf of FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, bonds, under- taking· and all contracts of suretyship; and that In Auistant Vice President, · Secretary or an Autatant Secretary be. and that each or any of them here- by is. authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officer~ and the seal of the Coml3mny may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and ·ny such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when ac affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it ia attach- In Witness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK. NEW JERSEY has caused its official seal to be hereunto affixed and these presents to be signed by one of its Vice Presidents and attested by one of its Asistant Vice Presidents this 3rd day of January, 1979 FIREMEN'S OF NEWARK. NEW JERSEY Attest: ~ T.H Stephens. Assistant Vice President STATE OF NEW YORK, COUNTY OF NEW YORK, INSURANCE COMPANY By %.3.., On this 3rd day of January, 1979, before me personally came M.L. Ford, to me known, who being by me duly sworn. did depose and say that he resides in Summit, in the County of Essex, State of New Jersey, at 768 Springfield AvenUe; that he is a Vice-President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY. the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was ~o,affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. CERTIFICATE ETHEL TWO NOTARY PUBUC, ~ate o~ New Yolk No. 24.4663117 OulJ. in Kings I. the undersigned, an Assistant Secretary of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New Jersey corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; an~l furthermore that the Resolution of the Board of Directors, se~ forth in the said Power of At- torney, is now 'in force. Signed and sealed at the City of New York. Dated the 26%h day of · Keens, Assailant Secretary Printed in U.S.A. FIDELITY AND GLIARANT Y I. E UNDERWRITERS, INC. (A Stock Company) MAINTENANCE BOND BOND NUMBER .2..0.7.0.]:..2.5..7.1..0.3..7.9-86' KNOW ALL MEN BY THESE PRESENTS, That we ...... ~.S.~. ~..C.O..~..S.T..~...U.C. ~[..0.~...C..0..17..A~..~. ........ ....... .o.¥..T.g...x~..s ..................................................................................................... (hereinafter called the Principal), and the other undersigned an Ohio corporation (hereinafter called the Surety), are held and firmly bound unto ....... .C.~.T..¥...0.Y...C..0~ .~L..L..,...?~.ZA....S ............................................ (hereinafter called the Obligee), in the full and just sum of ....T~I..R.T..Y... ~[.~...?~O..U.S...A~_.....O.N..~...~.U...~)..~.~.p.... ....... . ..~..D...~..0./..1.0..0 ......................................................................................... Dollars, lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has entered into a certain contract with the Obligee dated .................. ...... 4~.~..1;..1.,...1..9.8..6.. ¥.0.g...c.o..~.s. T~ .u.c.T.:I:..0.1!..o.7...;y'~T.z..g,...s..AN..! .'r...ag.Y... s..g~.g.g..&...$~Q..~. .................... ...... p..~..;.~.a..c~..[..~...a.o.y~ .~.z.~ .s..T.O...a.;X .~.a..c..~..s..~..P~!X.~...C.9?Y..E. bh,..T.I;..XA.S. ............................. which contract has been or is about to be completed and accepted. AND WHEREAS, specifications and contract provided that . .~.~?..S.~. ~..C.O..~.S..T.g.U.C..T.[..0.~...C..0..Y~....Aj~.....0.¥. TEXAS should guarantee the project free from defects caused by faulty workmanship and materials for a period of years, general wear and tear excepted. NOW, THEREFORE, if the said project shall be free from defects of workmanship and materials, general wear and tear excepted,, for a period of to remain in full force and effect. Signed,.sealed and delivered . 7.T.1.3. =8..8. Witness as to Principal __ year~, then this obligation shall be null and void; otherwise · .~.g. As..~..c. P~.s2g. u..c.T !.Q.~...c.g~.N~.. ~.~ ...... (Seal) TEXAS .................................................... (Seal) .................................................... (Sea!) FIDEUTY AND G.~ARANTY INSURANCE UNDERWRITERS,-INC. ~~~ corporation) " '.£ ................ ;, : i Contract 510 (9-84) CERTIFIED COPY GENERAL POWER OF ATTORNEY NO. FG 614 KNOW ALL MEN BY THESE PRESENTS: That FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., a corporation organized and existing under the laws of the State of Ohio, and having its principal office at 100 Light Street, Baltimore, Maryland 21203, does hereby constitute and appoint Stephen K. Miller of the City of Dallas , State of Texas its true and lawful Attorney-in-Fact, with power and authority to sign its name as surety to, and to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof; and the said FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. hereby ratifies and confirms all of the acts of said Attorney-in-fact, pursuant to these premises. This appointment is made under and by authority of a by-law of the said FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., a certified copy of which is hereto annexed and made a part of this Power of Attorney. IN WITNESS WHEREOF, the said FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary, this 25th day of April ' 19 86 . FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. (Signed) sy J.M. 1;Inlet, Jr. Vice-President. ,(SEAL) (Sis d) :. .................................... A.~istant Secretary, STATE OF MARYLAND BALTIMORE CITY On this 25th day of April , 1986 , before me personally came J. M. Ra~.ey, Jr. , Vice President of FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. and J.J. Casserly , Assistant Secretary of said Corporation, with both of whom I am personally acquainted, who being by me severally sworn, said that they, ~e ~dd J.M. Raley, Jr. , and J. J. Casserly were respectively the Vice President and Assistant Secretary of the said FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal; that it was so affixed by authority of the by-laws of said corporation; and that they signed their names hereto by like authority as Vice President and Assistant Secretary, respectively, of the Corporation. My Commission expires the first day of July, 19 86, (SEAL) (Signed) Margaret M. Hurst NOTARY PUBLIC F~ 81 (9-84) Cop~' of By-Law "Article VI, Section 7 - Execution of Instruments. The Chairman of the Board, the President, any Executive Vice President, any, Vice President, including the Financial Vice President, or any Assistant Vice President, in conjunction with the Secretary or an Assistant Secretary; shall have power on behalf of the Company: (a) to execute, acknowledge, verify and deliver all contracts, obligations, in- struments and documents whatsoever in connection with its business, including, without limiting the foregoing, any and all bonds, guarantees, undertakings, recognizances, stipulations, policies of insurance, deeds, leases, mortgages, re-' leases, satisfactions and agency agreements; (b) to appoint one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Company." I, M±ehael F. H~mmonc~ , an Assistant Secretary of FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to S'bepl~el~ I(. FI:U! ~l.e:r of Da).l~as, Texas , authorizing and empowering him to ,sign bonds eS therein set forth, which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a by-law of said Company, and that the foregoing is a true ~.nd correct copy of said by-law. In Testimony Whereof, I have hereunto set my hand and the seal of FIDELITY AND GUARANTY INSURANCE UN- DERWRITERS; INC. this 13TH day of gULY , 1988 ............... Assistant Secretary.