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Ashton Ridge-CS 970108The City With A Beautiful Future P.O. Box 478 Coppell, Texas 75019 214-462-0022 January 8, 1997 Robolrt Finley Finle~ Development 16801 Addison Road,//250 Addison, TX 75248 Ashton Ridge Addition Final Acceptance Dear Mr. Finley: A final inspection of paving and utilities for the referenced project has been confu'med by representatives of the City of Coppell. The two-year maintenance bonds and as-built drawings have been received from the contractor. Maturity on the bonds will be two years from the date of this letter. Maturity on the Erosion Control Bond will also be two years from the date of this letter. There is still an issue regarding the silt run off from the Ashton Ridge Development that entered the Parks of Coppell drainage channel. Because you are working with the Parks of Coppell Homeowner's Association and Centex Homes to resolve this issue, we are accepting this project. Please don't misunderstand this acceptance. The resolution of the silt removable is still' your responsibility. Please keep this office informed of your efforts. SilCerryrelDi~ ~~ -- Construction Inspector CC: Kenneth M. Griffin, P.E., City Engineer Matt Cast, Supt. Public Services Greg Jones, Chief Building Official Travis C~mp, Interim Fire Marshal ~g~s, Engineering Technician Dennis Morales, Flamingo MAINTENANCE BOND BOND NUMBER 147 81 50 KNOW ALL MEN BY THESE PRESENTS, That we BURKAILD UTILITY CONTRACTORS, L.C. as Principal, and INSURANCE COMPANY OF T~ WEST a Corporation organized under the laws of the State of CALIFORNIA and duly authorized to do business in the State of TEXAS as Surety, are held and firmly bound unto THE CITY OF COPPELL as Obligee, in the penal sum of EIGHTY SEVEN THOUSAND AND 00/100 ($ 87,000.00 to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly~ese presents. N-HEREAS, the said Principal has caused to be constructed UTILITIES TO SERVE' ASHTON RIDGE - COPPELL~ TX W~EREAS, said obligee requires that the Principal furnish a bond conditioned to guarantee for the period of TWO year(s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period, and %~HEREAS, the said contract has been completed, and was-approved on the 21ST day of OCTOBER ,1996 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of TWO year(S) from and after OCTOBER 21, 1996 then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED ~ND DATED this 21ST day of OCTOBER ,19 96. BURI~ UTILITY CONTRACTORS, L.C. Pr inc ipal [. INSURANCE COMPANY OF THE WEST Surety -- c~t~orne-y-in-tact JAME'~- W. LEEKER Insux nce Company of West HOME OFFICE: SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporation duly authorized and existing under the laws of the State of CALIFORNIA and having its principal office in the City of San Diego, California, does hereby heroin&ts, constitute and appoint:. JAMES W. LEEKER its true and lawful Attorney(s)-In-Fect, with full power and authority hereby conferred in it~ name, place and steed, to execute, leal, acknowledge end deliver any end all bonds, undertakings, recognizances or other written obligaUons in the nature thereof. This Power of Attorney I1 granted and is signed end sealed by facsimile under end by the authority of the following Relofutlen edo. pted by the Board of Directors of INSURANCE COMPANY OF THE WEST et a meeting duly called and held on the 16th day of AUGUST. 1991, which said Re~olution has not been amended or reeoinded and of which the following le· true, full, and complete 'RESOLVED, that the Chairman of the Board. the President, an Executive Vice President or a Senior Vici President of the Company. be. and .that each or any of them is. authorized to execute Powers of Attomey qualifying the attorney named in the given Power ofal~y to execute on behalf of the Company, ix3nds, undertakings, and all contracts of suretyship; and that a Vice President, ~r A~alatent Vice President, · Secretary or an A~alstent Secretary be, and that each or any of them hereby il, authorized to attest the execution of any such Power of Attorney, and' to attach thereto the ~eal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any ~4Jch Power of Attorney or to any certifioate relating thereto by facsimile, and any such Power of AttorneY or oertific~te beedng such fec~imile signatures or facsimile ~eal shall be valid end binding upon the Company when so affixed end in the future with re~pect to any bond, undertaking or contract of suretyship to which it ia attached. FURTHER RESOLVED, that the Attorney-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any end all bonds and undertakings a~ the busineu of the Company may require, and any such bends or undertal(inge executed by any such Attorney-in-Fact shall be as binding upon the Company a~ if signed by an authorized officer of the Company." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST ha~ caused It~ official seal to be hereunto affixed end these presents to be signed by its duly authorized officers this 16th Da:y of August, 1993. COUNTY OF SAN DIEGO (/~/John L. Hannum, Senior Vice President On this 16th Day of August, 1993 before the subscriber, · Nota~//Publio of the State of California, In and for the County of Sen Diego. duly commissioned and qualified, came John L Hannum, Senior Vioe President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer dasd'abed in and who executed the preceding instrument, and he acknowledged the execution of the same. and being by me duly sworn, depo~eth and salth, that he is the ~ald officer of the Corporation aforesaid, and that the ~eal affixed to the preceding instrument ii the Corporate Seal of the 8aid Corporation, end that the said Corporate Seal end his signature as ~uch officer were duly affixed and subscribed to the said Instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto ~et my hand and affixed my Official Seal. et the City of Sen Diego. the day and year first above written. STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: I, the undersigned, E. Harned Davis, Vice President of INSURANCE COMPANY OF THE WEST, do hereby ca,lily that the original POWER OF ATTORNEY. of which the foregoing is a full. true and correct copy. is in full force and effect, and ha~ not been revoked. IN WITNESS WHEREOF. I have hereunto subscribed my name as Vice President. and affixed the Corporate Seal of the Corporation. this 21ST day of OCTOBER 1996 INSURANCE COMPANY OF THE WEST E. Harned Osv~s Vice President ICW CAL 37 LIBERTY BOND SERVICES MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, tha~ we, GARLAND, TEXAS 75049-5337 as Principal, (the 'Principal"), and Liberty Mutual Insurance Company, a mutual company duly organized under the laws Of the Commonwealth of Massachusetts, as Surety, (the 'Surety"),. are held and firmly bound unto CiTY OF C0PPELL, P. 0. BOX 478, C0PPELL, TEXAS 75019 as Obligee (the "Obligee'), in the penal sum of**FORTY-E[ GHT THOUSAND, THREE HUNDRED THIRTY-ONE AND 42/1'***************************************************** Dollars ($ **'48,331.42'*** ), for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has by written agreement dated JULY 26 ~ ,19. 96 ; entered into a contract (the 'Contract") with the Obligee for STREET PAVING IN ASHTON RIDGE, COPPELL, TEXAS Bond Numben_ 22-001-449 XIT PAVING AND CONSTRUCTION, INC., P. O. BOX 495337, which contract is by reference made a part hereof. DATED as of this 10TH day of NOW, THEREFORE, the condition of this obligation is such that if the Principal shall remedy without cost to the Obligee any. defect which may develop during a period of 2 year(s) from the date of completion and acceptance of the work performed under the Contract provided such defects are caused by defective or infedor materials or workrnanshlp, then this obligation shall be null and void; othenvise it shall be and remain In full f. orce and effect. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT, that any claims must be presented in writing to Uberty Mutual Insurance Company to the attention of Liberty Bond Services, Claim Department, 600 W. Germantown Pike, Plymouth Meeting, PA 19462. DECEMBER 19 96 . WITNESS/ATTEST: XIT PAVIN~D CONSTRUCTION, INC. ,(Seal) LIBERTY MUTUAL INSURANCE COMPANY (Seal} By: ~ S;I~RYL A. KLU'FTS LBS.5300 Rev. IC~J 5 TR'IS PO¥,-ER OF ATTORNEY IS NOT V~/t~ UNLESS IT IS PRINTED ON RED BACKGP~ND. 2 7 3 7 3 0 Tills Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company'), a M. ass.achusetts mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does nereoy name, constitute and appoint, JOHN A. MILLER, SHERYL A. KLUTTS, JOHN A. MILLER, II,. ALL OF THE CITY OF FORT WORTH, STATE OF TEXAS .......................................................... ;'. ..................... , each individually if there be more than one named~ its true and lawful attorney-in-fact to make, exeCute, seatL aCknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding -- .r~/l=g.rY. FiVF MiLLi~3N***,~:=::--~-'~-~* DOLLARS ($ 25,000,000'*******") each, and. the execution of such bonds or undertakings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signon by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer or other official of the company authorized for that purpose in writing by the chairman or the prasidant, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and exeCution of any such instruments and to attach thereto the seal of the company. When so exeCuted such instruments shall be as binding as if signed by the president and attested by the seCretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization above set forth are true copies thereof and are now in full fome and effect. IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Uberty Mutual Insurance Company has been affixed t~e~o in Plymouth Meeting, Pennsylvania this 21st day of ,~pril ,19 9S :i." '~ ·/ LIBERTY MUTUAL INSURANCE COMPANY Garnet W. Elliott. Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY Or~ this 21st day of April , A.D. 19 95 , before me, a Notary Public, personally came the individual, known to me to be the therein desc~dual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled- ged that he executed ~ar~e a~ the seal affixed to the said preCeding instrument is the corporate seal of said company; an.d that said corporate seal and his signatu~'.~lS-.~l~J~='r~e~was duly affixed and subscribed to the said instrument by authority and direction of the sa~d company. ~,~ set m hand and affix my official seal at Plymou Meeting P the day and year first above written. I" TESTIMO,N ~~.'~[~p m_y ............. ,u~ , P~, '.. ~.~'~.~:-'._,~'.._ .' '--~ ...... :: .... -~"ERTtFiCATE ....... -"~ ';'"~-' ':"-"-~:'~'~'/- ...... f L be'~'' Mutual nsurance Company do hereby cert fy that the original power of attorney of wh,ch the foregoing is a full, true and"b-d~copy, is in full force and effect on the date of this certificate; and I do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney-in-fact as provided in Article XVI, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force, land effect as though manually affixed.  have hereun~.~bscribed my name and affixed the corporate seal of the said company, this . day of __, 19_7J,~--. ~ , ': ~' Assistant Secretary\ ' THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER June 30 , 1~ 97 . IMPORTANT NOTICE To obtain Information or make a complaint: You may call the company's toll-free telephone number for Information or to make a complaint at You may contact the Texas Department of Insurance to obtain Information on companies, coverages, dghts or complaints at 1-800-252-3439 You may writa the Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 FAX ~ (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. A'I'rACH THIS NOTICE TO YOUR POUCY: This notice is for Information only and does not become a part or condition of the attached document. Prescribed by the State Board of Insurance Effective May 1, 1992 AVISO IMPORTANTE Para obtener informacion o para someter una queJa: Usted puede Ilamar al numoro de telelono gratis de la companla para Informaclon o para ~ome~er una que~a al Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companlas, cobertura~ derechos o quejas al Puede escribir al Depmtanle~to de 8egur°s de Texes P.O. Box 149104 Austin, TX 78714-91 04 FAX e (512) 475-1771 DISPUTAS SOBRE PRIMA$ O RECLAMOS: 81 tlene una disputa concemlente a su prima o a un reclamo, debe comunlcarse con el agente o la companla primero. Si no se resuelve la disputa, puede entoncse comunicarse con el Departarnento de Seguros de Texas. UNA ESTE AVlSO A SU POMZA: Este aviso es solo para proposlto de Informacion y no se convlerte en parte o condicion del documento adJunto. Ordenado por el consejo Estatal de Directurse de Seguros, Effectivo el 1 de Mayo 1992 October 16, 1996 City of Coppell P.O. Box 478 Coppell, IX 75019 Subject: Guaranty Erosion and Sedimentation Contract Code Ordinance ~91514 between M & M Development, Inc. and City of Coppell Gentlemen: WEST REGION DENTON 321 W. OAK 817-382-9S76 M~'RO 214-434-2272 FAX 817-382-9670 ALLEN 801 E. MAJN, SUITE B 214-3g0-7141 FAX 214-3g0-1229 DECATUR 1415 SOUTH FM 51 817-~27-1222 FAX 817-627-7393 We hereby issue this Irrevocable Letter of Credit which is available against presentation of thc following documents. ..." 1. City of Coppell's draft at sight, drawn on Irtrst Federal Savings Bmflt of Te~_a~ 302 South Stemmons, Lewis,fille, Texas 75067, if presented no later than ninety (90) chty~ ;fft~ October 31, 1998, therefore to be presemed no later than lanuary 31, 1999. 2. City of Coppell's statement datedno later than ninety (90) days atter October 31, 1998, that M& M Development, Inc. bas failed to f~1611 obligations under Erosion and' Sedimentation ' Contract Code Ordinance ~91514 City of Coppell up to bm not otceeding TWO THOUSAND EIGI-rr HUNDRED FORTY AND 00/100 U.S. DOLLARS ($2,840.00) required under Agreement between M & M Development, Inc. as Applicant, and City of Coppell a copy of which is attached hereto and made a part hereof for ali purposes but not later than ninety (90) days after. October 31, t998, therefore, to be presented no later than January 31, 1999. We hereby engage with City of CoppeR, its successors and assigns, that in compliance with tl~ terms of this Irre~ocablc Letter of Credit that such draft and documents will be duly honored. upon presentation to us. Sincerely, ~W~SV~E [J~e M~sey ~ ~ sTE~Mo,~e~or ~ce Pre,dcm 214,436-4513 FAX 214-221-4)523 PILOT POINT 817-686-5023 FAX 817-~-g283