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ST8503-CS 880916 - O iLSiNAL STATE OF TEXAS SS AFFIDAVIT AND FINAL WAIVER OF LIEN COUNTY DALLAS H. W. Baker of Dallas, Tx. being first duly sworn, says that he is the Vice-President of Ed Bell Construction Company, Inc. (hereinafter referred to as the "Company") and is familiar with the facts herein stated. That said Company performed work and labor and/or furnished material for use, in the construction of certain buildings, improvements and equipment on premises owned by City of Coppell at Bethel School Road from Heartz Road to Moore Road . That said Company has fully paid for all of said work, labor, material, machinery and equipment furnished by it or by its subcontractors or materialmen upon said premises, or furnished therefor. That the balance remaining due from City of Coppell and unpaid to said Company is the sum of Six Hundred Four Thousand, Five Hundred Forty Six and 59/100 Dollars (604,546.59) and that upon payment to it of said sum, it hereby waives all liens and claims against the said owner City of Coppell and its premises and property, and further, he represents that no other person or party has any right to a lien on account of any work performed or material furnished to said Company. FURTHER, affiant said not. ED BELL CONSTRUCTION COMPANY SWORN TO before me and subscribed in my presence this /~ ~' day of ~~. , /?~ . ~~~~~~ Notary Public in and for Dallas Co. (. '~.~ BONNIE L. BAOEN ~ "~"~ '~ Notary PuOlic. Slate of Texas  ~ My Commission Expires 04-18-1992 # ,9 ARCHITECT [] SURETY COMPANY CONTRACTOR [] SURETY [] TO FINAL PAYMENT OTHER AIA DOCUMENT G707 Bethel School Road Improvements PROJECT: Coppell, Texas (name, address) Bond 8112 80 96 TO (Owner) [--' CITY OF COPPELL, TEXAS -~ ARCHITECT'S PROJECT NO: 255 Parkway Blvd. CONTRACT FOR: Construction Coppell, Texas 75019 L_ J CONTRACT DATE: July 20, 1987 CONTRACTOR: ED BELL CONSTRUCTION COMPANY In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) FEDERAL INSURANCE COMPANY 717 N. Harwood, Suite 300 Dallas, Texas 75201-6502 , SURETY COMPANY, on bond of (here insert name and address of Contractor) ED BELL CONSTRUCTION COMPANY P. O. BOX 540797 , CONTRACTOR, Dallas, Texas 75354-0787 hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) CITY OF COPPELL, TEXAS 255 Parkway Blvd. Coppell, Texas 75019 , OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 15th day of September 19 88 FEDERAL INSURANCE COMPANY Surety C,0/~ny ,~ttest: Si~ture~_~f Authorized Rep'p'p~'sentative Linda O'Nale, {Sea l): · · Attorne,y-in-Fact Title NOTE: This form is to be used as a companion document to AIA DOCUMENT G706, CONTRACTOR'S AI:FIDAVIT OF PAYMENT OF DEBTS AND CLAI,'~4S, Current Edition AIA DOCUMENTGT07' CONSENT OF SURETY COMPANY TO FINAL PAYMENT" APRIL 1970 EDITION · AIA~ ONE PAGE ©1970' THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 NEW YORK AVE., NW, WASHiNGTON, D.C. 20006 /~ ~ Know ail Men by these Presents, That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, a New Jersey Corpora- tion, has constituted and appointed, and does hereby constitute and appoint Jerry P. Rose, Linda O'Nale, John R. Stockton and R. L. Stoeck of Dallas, Texas each its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seat to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to-wit: 1. Bonds and Undertakings filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitled under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds; Lease bonds, Workers' Compensa- tion bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has. pursuant to its By*Laws, caused these presents to be signed by its Assistant Vice-Presidenl and Assistant Secretary and its corporate seal to be hereto affixed this l S t day of Ja'["J. uary 19 8 7 R~clard D O~C°nn°rSSI ntS~ By G~'Assistant Vice-President STATE OF NI~W JERSEY AtStasseCretary County of Somerset $ ' On th~s ]. S t day of January ,9 8 7 . before me personally came Richard D. O'Connor to me known and by me known to be Assistanl Secrelary of the FEDERAL IN- SURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Richard D. O'Connor being by me duly sworn, did depose end say lhat he is Assistant Secrelary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; Ihat the seal affixed 1o the foregoing Power of Atlorney is such corporate seal and was thereto affixed by authorily of the By-Laws of said Company, and that he signed said Power of Aitorney as Assistant Secretary of said Company by like authority; and thal he is acquainted wdh George McClellan and knows him to be the Assistanl Vice-President of said Company, and Ihat the signature of said George McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto subscribed by authority of said By-Laws and in deponen1's presence Notarial~ ' ~'~'~¢"--~ -'c~© Acknowledged and Sworn to before me on the date above written ~LICE LEONARI~ Notary Public %...~J.~.~..~./ CERTIFICATION NOTARY PUBLIC OF NEW JERSEY STATE OF NEW JERSEY ~ My Commission Expires June 28, ]988 County of Somerset .~ ss. I, the undersigned. Ass;stant Secretary of the FEDERAL INSURANCE COMPANY. do hereby certify Ihat ihe lollowing is a Irue excerpt from the By-Laws of the said Company as adopted by its Board of Directors on March tl, 1953 and most recently amended March 5. 1986 and that this By-Law is in full force and effect. "ARTICLE XVIII in Ihe name and on behalf of Ihe Comoany either by the Chairman or the Vice-Chairman or the President or a Vice-Presidenl, jointly w~th the Secretary or an Assislanl Secretary, under their respective Section 3 All powers of attorney for and on behalf of the Company may and shall be executed in lhe name and on behalf of the Company, eilher by Ihe Chairman or It'le Vice-Chairman or the President or a Vice- Presidenl or an Assistant Vice-President, joinlly with the Secretary or an Assistant Secretary, under their respective designations The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman. Vice Chairman, President, any Vice President. any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimtle to any power of atlorney or to any certificate relating thereto appointing Assislant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undedakiqgs and other writings obligalory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it ts altached ' ! further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America. District of Columbia, Puerto Rico, and each of the I, the undersigned Assistan Secretary of FEDERAL INSURANCE COMPANY. do hereby certify that the foregoing Power of Altorney is in full force and effect Gi ..... der my hand and the seal of said Company at Warren, N J, this 1.~ t h day of sap t ember 19 8 8 Corpo~ ~ AsSistant Secretary