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Coppell BC3-CS001020A $ October 20, 2000 Kyle Bramlett Lincoln Property Co. 3300 Lincoln Plaza 500 N. Akard Dallas, Texas 75201-3394 Coppell Business Center III, Lots 1 & 2, Block C Final Acceptance Dear Mr. Bramlett: A final inspection of paving and utilities for the referenced project has been confirmed 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 Erosim Control Bond will also be two years from the date of this letter. Sincerely, Lanny Allison Construction pector CC: Mike Martin, Assistant City Engineer Debi Ingram, Engineering Secretary Glenn Hollowell, Director of Public Works Greg Jones, Chief Building Official Travis Crump, Fire Marshal James Corer, TriDal (fax: 817-481-8195) Chris Butler, Butler Const. (fax: 817-267-1902) 25,5 PARKWAY ~ PO.BOX 478 1ir COPPELL TX 75019 t TEL 972/462 0022 1ir FAX 972/304 3673 MAINTENANCE BOND Bond No. 71SB103356981BOVl KNOW ALL MEN BY THESE PRESENTS: THAT, TRI DAL LTD., as Principkl and TRAVF. I.FRS CASUALTY AND SURETY COMPANY OF AMERICA a Corporation duly authorized to transact general surety business in the State of Texas, as Surety, are held and firmly bound unto CITY OF COPPELL in the sum of THIRTY FIVE THOUSAND FIFTY AND 00/100 Dollars ($ 35,050.00),lawful money of the United States, for the 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 entered into a written contract with Butler Construction, Inc. dated May 8, 2000, for Public water and sanitary sewer for Coppell Business Center III and; WHEREAS, the said Principal is required to post a bond to protect the said Obligee against the result of faulty material or workmanship for a period of two (2) years from and after the date of acceptance of said work and; NOW, THEREFORE, if the said Principal shall for a period of two (2) years from and after the date of acceptance of said work, replace any and all defects arising in said work, whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise, to remain in full force and effect. SIGNED, SEALED AND DATED this 14th day of September,2000. TRI DAL LTD. Principal TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Surety TRAVELEt ASUALTY AND SURETY COMPANY OF ,~ ZRICA TRAVELERS CASUALTY AND SURETY CO1ViPANY FAR1V[INGTON CASUALTY COMlmANY Hartford, Connecticut 06183-9062 TRAVELERS CASUALTY AND SURETY COMI~ANY OF ILLINOIS Nnperville, Xllinois 60563-8458 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNKY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the la~vs of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a corporation duly organized under the laws. of the State of Illinois, and having its principal office in the City of Naperville, County of DuPage, State of Illinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Pauline L. Lesch, Clem F. Lesch, Gary Matula or Steven J. Zinecker * * of Lewisville, TX, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated the following instrument(s): by Ms/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the follo~ving Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other vaitings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President. the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of anthority or by one or more Company officers pursuant to a x~Titten delegation of authority. This Po~ver of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory 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 in the future with respect to any bond or undertaking to which it is attached. (8.97) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS have caused this instrument to be signed by their Senior Vice President, and their corporate seals to be hereto affixed this 18th day of November, 1999. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY } SS. Hartford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS On this 18th day of November, 1999 before me personally came GEORGE ~. THOMPSON to me known, who, being by me duly sworn, did depose and say: that be/sbe is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that thc seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of thc corporations by authority of his/her office under the Standing Resolutions thereof. CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, stock corporation of the State of Illinois, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 1 4TH day of ~-,,'m~IBER, 2000. eeee Kori M. Johanson Assistant Secretary, Bond MAINTENANCE BOND Bond No. 46BCSAO1037 KNOW ALL MEN BY THESE PRESENTS, That we, Potter Concrete Co., Inc., 4820 Gretna, Dallas, TX 75207 (hereinafter called the "Principal"), as Principal, and the Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut and duly licensed to transact business in the State of Texas (hereinafter called the Surety"), as Surety, are held and firmly bound unto the City of Coppell, TX (hereinafter called the "Obligee"), in the sum of Four Thousand Two Hundred Seventy and no/100 Dollars ($4,270.00)for the payment of which are 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 and sealed this 11th day of October, 2000. THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the said Principal has heretofore entered into a contract with Butler Construction dated June 29, 2000 for construction of approaches at Coppell Business Center 3, 217 Wrangler Dr., Coppell, TX 75019. WHEREAS, the Obligee has requested that said work be guaranteed against failure because of defective workmanship or material, performed or furnished by said Principal for a period of two (2) years from date of completion and acceptance, normal wear and tear excepted. NOW THEREFORE, if the said Principal shall indemnity and save harmless the Obligee against loss or damage occasioned directly by the failure of said materials or workmanship, then this obligation to be void, otherwise to remain in full force and effect. It is understood, however, that this bond shall not include loss or damage by failure of workmanship or materials due to hurricane, cyclone, tornado, earthquake, volcanic eruption or any similar disturbance of nature, nor military, naval or usurped power, insurrection, riot or civil commotion, nor any act of God. It is further understood and agreed that the total liability of the Surety under this bond shall in no event exceed the sum of Four Thousand Two Hundred Seventy and no/100 Dollars ($4,270.00). No right of action shall occur upon or by reason of this obliga~gD,--,~o or for the use or benefit of any person, firm or corporation, other than the Oblig/~re~ame?. POTTER CONCR,TE cq.,ilNC,.v HARTFORD FIRE INSURANCE COMPANY (Vlichele Degnon, A~orn~y-in-Fact ' ' r/~. TFORD FIRE INSURANCE COlt,. ~,NY Hartford,Connecticut POWER OF ATTORNEY Know all men by these Presents, 'l~at HARTFORD FiRE INSURANCE COMPANY, a coq)oration duly organized under the laws of the State of Connecticut, and having its · principal office in the City of Hartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint JOHN FULKERSON, DONNIE DOAN, KAE GIBBONS, MICHELE DEGNON AND TOM ELLIS OF DALLAS, TEXGAS its true and lawful Attorney(s)-in-Fact, with full power and authority to each of said Attorney(a)-in-Fact, in their separate capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, in UNLIMITED and to bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were mgned by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms ail that its said Attorney(s}-in-Fact may do in pursuance hereof This Power of Attorney is granted under and by authority of the By-Laws of HARTFORD FIRE INSURANCE COMPANY, ('the Company") as amended by the Board of Directors at a meeting duly called and held on July 9, 1997, as follows: ARTICLE IV SECTION 7. The President or any Vice President or Assistant Vice-President, acting with any Secretary or Assistant Secretary shall have power and authority to s~gn and execute and attach the seal of the Company to bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and such instruments so signed and executed, with or without the common seal, shall be valid and binding upon the Company SECTION 8 .The President or any Vice-President or any Assistant Vice President actingwith any Secretary or Assistant Secretary, shall have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more resident Vice Presidents, resident Assistant Secretaries and Attorneys-in-Fact and at any time to remove any such resident Vice. President, resident Assistant Secretary, or Attorney-in-Fact, and revoke the power and authority given to him. Resolved, that the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any certifcate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimita seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached In Witness Whereof, HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by itsAssistant Vice-President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 17th day of September, 1987, Paul A. Bergenholtz, Assistant Secretary HARTFORD FIRE INSURANCE COMPANY Robed L. Poat, A$$iatard Vice Pres}dent STATE OF CONNECTICUT~ sS. COUNTY OF HARTFORD ,~ STATE OF CONNECTICUT~ SS. COUNTY OF HARTFORD ,~ On this 17th day of September, A.D. 1997, before me personally came Robert L. Post, to me known, who being by me duly sworn, did depose and say: that he residesin the County ol Hartford, State of Connecticut; that he is the Assistant Vice-President of HARTFORD FIRE INSURANCE COMPANY, 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 so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. My Commission Expires June 30, 2004 CERTIFICATE I, the undersigned, Secretary of HARTFORD FIRE INSURANCE COMPANY, a Connecticut Coq)oration, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that Article IV, Sections 7 and 8 of the By-Laws of HARTFORD FIRE INSURANCE COMPANY, set Dated the 11 th day of October, 2000 J. Dennis Lane, Assistant Vice President fodh in the Power of AUomey, are now in force. Signed and sealed at the City of Hartford, Richard L. Marshall, Jr., Assistant Secretary Form S-3507-9 (HF) Printed in U.SA.