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Eagle Point-CS 930922The City With A Beautiful Future P.O. Box 478 Coppell, Texas 75019 214-462-0022 September 22, 1993 Mr. Jerry W. Ragsdale Republic Property Group, Inc. 8440 Walnut Hill Lane, 8th Floor Dallas, TX 75231 Re: Eagle Point Final Acceptance Dear Mr. Ragsdale: A final inspection of the above-referenced project has been confm~ed by representatives of the City of Coppell subject to the various maintenance agreements. The drainage, utility and paving have been verified and' are in compliance with the City of Coppell standard requirements. Erosion protection will also be maintained until bond expiration. The one-year maintenance bonds and as-built drawings have been received from the contractor. Maturity on the bonds will be one year from the date of this letter. Maturity on the Erosion Control Bond will be two years from this letter. Larry Davis ' Construction Inspector Rey Gonzales, Street Superintendent Howard Pafford, Water Superintendent Greg Jones, Building Official Clyde Murray, Murray Construction Mike Boney, Site Concrete Mike Daniel, Nathan Maier Inc. Doug Stevens, Engineering Technician file/ldavis/eglpt.ac~ ~. ~ ~ I~A I NTENANCE BOND ~[NOW ALL lq~N BY lrlE~E PRESENT~I THAT SITE CONCRETE, INC. AS PRINCIPAL, AND EAGLE INSURANCE COMPANY AS SURETY, ARE HELD AND FIRMLY BOUND UNTO__ CITY OF COPPELL TEXAS AS OBLIGEE, IN THE FULL AND JUST SUM OF FIFTY EIGHT THOUSAND FOURTY AND 66/100- DOLLARS ($58,040.66 ), LAWFUL MONEY OF THE UNITED STATES, TO THE PAYMENT OF WHICH SUH, WELL AND TRULY TO BE MADE, THE PRINCIPAL AND SURETY BIND THEHSELVES, THEIR AND EACH OF THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, JOINTLY AND SEVERALLY, FIRMLY BY THESE PRESENTS: WHEREA~, THE PRINCIPAL HAS ENTERED INTO A WRITTEN CONTRACT DATED MARCH 26TH 1992 WITH EAGLE POINT DEVELOPMENT, LTD C/O REPUBLIC PROPERTY GROUP FOR CONSTRUCTION OF EARTHWORK AND PAVING I KPROVEMENT TO EAGLE POINT VILLAGE AT RIVERCHASE IN COPPELL, TEXAS AND ~HEREAS, SAID CONTRACT PROVIDES THAT THE PRINCIPAL WILL FURNISH A BOND CONDITIONED TO GUARANTEE FOR THE PERIOD OF ONE YEAR AFTER APPROVAL OF THE FINAL ESTIHATE ON SAID JOB, BY THE OWNER, AGAINST ALL DEFECTS IN WORKMANSHIP AND MATERIALS WHICH HAY BECOME APPARENT DURING SAID PERIOD. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT, IF THE PRINCIPAL SHALL INDEMNIFY THE OBLIGEE FOR ALL LOSS THAT THE OBLIGEE HAY SUSTAIN BY REASON OF ANY DEFECTIVE MATERIALS OR WORKKANSHIP WHICH BECOHE APPARENT DURING THE AFORESAID PERIOD, THEN THIS OBLIGATION SHALL BE VOID, OTHERWISE TO REMAIN IN FULL FORCE AND EFFECT. SIGNED, SEALED AND DATED THIS THE ~(~IT~iSS) GOTH DAY OF HARCH , 1993. BY: SITE CONCRETE, INC. (PRINCIPAL) (TITLE) / EAGLE INSURANCE COHPANY BY: (SURETY) RAY HAWRYLAK ATTORNEY-IN-FACT EAGLE INSURANCE CaMm-ANY 14607 San Pedro. San Antonio. Texas 78232 BOND NO. SITE-506 GENERAL POWER OF ATTORNEY Know All Men By These Presents. That EAGLE INSURANCE COMPANY has made. constituted and appointed. and by Ihese presenls does make. constitute and appoint FRED TliETFORD, RAY HAWRLAK, TOM YOUNG its true and lawful attorney, lot it and ils name. place, and stead Io execute on behall of tire said Company. as surety, bonds, undertakings and contracts cd suretysilip to be given to ALL OBLIGEES provided that no bond or undertaking or contract cd suretyship executed under this authority shall exceed in amount the sum o{ $500,000.00 This Power o[ Anorney is granled and is signed and sealed by facsimile under and by the authority cd the following Resolution adopled by Ihe Board ot Direclors cd Ihe Company on the 20th day ol lune. 1991 '*RESOLVED. that the Chailman ot the Board. the Vice Chairman ol the Bom'd, the Ptesidt:nl. an Execulive Vke Presidcm or a ~enk~' Vice Prestde~ at a Vice President oi the Company. be. and liKil each of any ol Ihem hereby is. aulhofized to execulc Powers ol AIIolllcy qualii¥inl the attorney earned in Ihe liven Power ol Attorney to eaecule in behall ol the Company, bonds, underlakings and all con.eels oi surelysldp; and that an Assislant Vice P~estdenl. a S~crela~ or an A'~sislant Secrelar~ be. and Ihat eacl~ or any ol II,em hereby is. auli~OliZed lo attest thc eaeculiou ui ally such Puwer ol Attorney. ~ to al~h [lle~eto (he seal ~ die Compu~ly. FURTIIER RESOI.VED, Ihat Ihe signatures ol such officers and the seal oi the Company may be allixed to any such Power o/Attome/at to any ce~liiicale ~claiinil li~ereio by lacsimile, and any such Power oi Attorney m' ce~iiicate beading sucla lac'simile signalmes or idcsimile ~eal ~hall be valid and bindini~ u~at~ li~c Company when so atfiaed and in thc iuture with respect Io any bond. undcrlaking or compact ul '~.rcty~ldp Io wt~ich it is attached." In Witness Whereof. EAGLE INSURANCE COMPANY has caused its cdlicial seal to be hereunto affixed, and these presents to be signed by the President and attested by its Vice Presidents Ibis 5th day cd luly. 1991. Attest: By: EAGLE INSURANCE COMPANY yq~ M, Fourquet, Vice If,~sident STATE OF TEXAS COLJNTY OF BEXAR SS.: Stepq~cn C. Dablbt~ On this 5Ih day ol luly, 1990. belore me personally came Stephen C. Dahlbo, to me known, who being by d.ly sworn, did depose and say that tie is P~esident cd die EAGLE INSURANCE COMPANY, the corporalion described in and which executed Ihe above Instrument; thai he knows Ihe seal cd tl~e said corporation; Ihat tl~e seal aHixed to the said instru,nent is such corporate seal; Ihat is was so affixed by order of the Board cd Directors cd said cotporalion and Ihat he signed his name hereto by like I BBINS NOTARY PIJBI.IC. Stale of Texas Bexar County Commission expires January 16. 1994 CERTIFICATE I. the undersigned. Secretary cd the EAGI.E iNSURANCE COMPANY, a Texas corporation. DO HEREBY CEKI'iF¥ tha~ attached Power cd AUorney remains in lull Iorce a.d has not been revoked; and lunhcrmorc tiler rite Resolulion cd the Board oi Di~ectms. set iorlh in the said Power of AIIomey. is now in Iorce. Signed and sealed at the City cd San Anlo.io, in Ihe State cd Texas. Dated lire .19 93 ,"FECO INSUP, ANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON g8185 Bond 5751 545-0001 MAINTENANCE BOND KNOW ALL BY THESE PRESENTS. That we. MURRAY CONSTRUCTION CO., INC. 515 North Kealy Ave., Lewisville, TX 75057 as Principal, and SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized under the laws o! the State of Washington and duly authorized to do 'business in the State of Texas as Surety, are held and firmly bound unto CITY OF COPPELL 255 Parkway Blvd., P. O. Box 478, Coppell, Texas 75019 as Obligee, in the penal sum of FORTY THOUSAND TWO HUNDRED FORTY FIVE AND NO/100 .............. (S 40~245.00 ..... ), to which payment well and truly to be made we do bind ourselves, our and each o! our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with Jim EAGLE POINT DEVELOPMENT, A TEXAS LIMITED PARTNERSHIP, ACTING THROUGH RPG/EP COMPANY, INC., ITS SOLE GENERAL PARTNER dated February 5 r 1993 SANITARY SEWER, STORM DRAINAGE & WATER IMPROVEMENTS EAGLE POINT VILLAGE AT RIVERCHASE, COPPELL, TEXAS WHEREAS, said Contract has been completed, and was approved on day of 19 93 · NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that the work will be free of any defective materials or workmanship which become apparent during the period of One (1) year(s) following completion of the Contract then this obl~at~en shall bo void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expre,~ or implied is extended by the Principal or Manufacturer only, and the Surety aseumns no liability for such a guarantee. Signed, sealed and dated this 7 th day of Septembe__~r , 19:;,~__~ MU~RAY/~"/C~STRV~/,~N CO. ,INC. (Seal) SAFECO INSURANCE COMPANY OF AMERICA Attorney-in-Fact Pauline L. Lesch (~ Registerea traaemarl( of SAFECO Corporation. PRINTED IN U.S.A. $-843/EP R3 1018'/ IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to information on companies, coverages, rights or complaints at: obtain 1-800-252-3439 You may write 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. ATFACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become condition of the attached document. a part or  POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: SAFECO INSURANCE COIvIPANY OF AMERICA HOME OFFICE SAFECO PLAZA SEATTLE, WASHINGTON gala5 N~. 9021 That SAFECO INSURANCE COMPANY OF AMERICA. a Washington corporation, does herebf appoint · """""""PAULINE L. LESCH; CLEM F. LESCH; DON E. CORNELL. Lewisville. Texas,,,,,,,,,,..,,,,,,,, its 1rue and lawful attorney(s)-in-fact, with full authority to execute on behalf of the ccrnpany fidelity and surety bonds or undertakings and olher documents of a similar character issued by the cornDany in the course of its business. ~ to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fullv as if such instru'~ents had been duly executed by its regularlV elecled officers at its ho'ne office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 4t h day of January . 19 93 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELrTY AND SURETY BANDS ... the President. any Vice Presidenl. the Secretary. and any Assistant Vice President aPDointed for that purpose by the officer in charge of surety oDerations, shall each have authority to alN:)oint individuals as attorneys-in-fact or under other alN)ropriate titles with authority to execute on behaf of the corr43any fidelity and surety bonds and other docu'nents of similar character issued by the ccx%oany in the course of its business ... On a~/ instrtJ31ent making or evidencing such apDointment. 1he signatures may be affixed by facsimile. On any instr~nent conferring such authority or on arN bond or undertaking of the companV. the seal. or a facsimile thereof, may be impressed or affixed or in arty other manner reproduced:, provided, however. that the seal shall not be necessary 1o the validity of any such instrtJ~ent or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA ado)ted July 28. 1970. "On any certificate executed by the Secretarv or an assistant secretary of the CcrrT)any Setting OUt. (i) The provisions of Article V. Section 13 of the By-Laws. and (ii) A copy of the power-of-attorney apl)ointment, executed pursuant thereto. ~ (iii) Certifying that said power-of-attorney appointment is in full force and effect. The signature of The certifving officer may be by facsimile, and the seal of the Ccrnparty rrtay be a facsimile thereof." I. R.A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA. do hereby certify that the foregoing extracts of the By-Laws ~ of a Resolution of the Board of Directors of this CorDoration. ~ of a Power of Attorney issued pursuant thereto, are true and correcl, and that both the By-Laws. the Resolution and the Power of Atlorney are still in full fOrce and effecl. IN WITNESS WHEREOF, I have hereunto set mv hand and affixed the facsimile seal of said corlx)ration t~s 7~;h ~ of September . 19 93 · S-1300/EP 1/93 (~) Registered trademark of SAFECO Cra'potation. SI'T'E CONCRET'E. INC. P. 0. BOX 1 IRVING, "[EXAS 7501 t'i!ir:~!:.;!..l!~i i":'CI .t I',11" DEVELC)I::'MEIq'I' , L'I"D. REr:'LIBL ! C F'R.OF'ERTY GROLJF:' C~4.1.0 WAL.NUT HILL. L. ANE DA!.I..AS, TEXAS 75231 J OB NO. 93~.a5 F'ROJECI": EAGLE F'-'OINI' VILLAGE EST. NO. 3 EST. F'ROM ~.'7/26/93 l"O D8/25/9:3 Cfi= ITEM I. JN t '1" ( ................. [.]l. JAIq I 'I' I TI [:iS .............. ) PLAN I'..]. 'I"H I S '1"0 LIN ! T 'TOTAL EST' DATE F'RICE 'T'(:} DAI [ii: A R'I' !--Jl,.',I[!R K 1. GRADE SUBDIVISION L.S 1 2.. I'::' I hlAl_ I_OT GRADE EA 1 1!.~! 3 ,, !L!::;:()S I Ellxl C(]NI' F:;:I:]L ES 1 ~:!.. S'I I: i: I P S I T E A C :731 . '7 !:::¥~ V I FIG 1. ,. 6 ":7.~I;.~Ii{IIZ~ C;I]NC SY 179 7/.) 2. 4 "'6" CC~I',.IC ALI....E!:Y SY 471.5 3. L. ! ME SI..IBGRADE SY 246 .1. 9 4. I..!YDRA'I'!.:.i;D LIME: TN 428 5 ,, I, JHE=.EI... CI-.JA I R RAMI:::' EA 1 ,5 ,, ! 78 SA!,~CU'.1'/REM C!..IF;:B / GU T' I_.F B(]NDS 1. F'"AYM"F / F'ERFI]RH B E)I".I D L..S C;HAIqI3E ORDER #1 1. S I I...]' F EI',I[]E LF 55 1'79'76 17976. 4. '7.1. 5 4 '715 ,, 24619 4. z. 8. $14. 16 $254,54!0. 1./.:, $1.4. 16 $66., 764.40 $1. ~3~;3 $24,6 .1. 9. O0 $75. [Zl~ $}~2, 1 ~[~0. $:35~Z~. ~! $350. I. I~;Zl $8., 256. ~,.3~ $8: 256. 58'73 58'73 TOTAL. C:OMF'I_EI'E RE"fA I NAGE $1 . 25 $7,341 · 25 I']. 11,] $5'7,95t. NET AMOUNT DUE LESS PREV F'AYMENI'S $521., 559.7:3 $215:499.3'7 AMOUNT NOOW DUE $3~Z;6., I.a66';. 36 REPUBLIC PROPERTY GROUP, INC. September 9, 1993 Mr. Doug Stevens City of Coppell 255 Parkway Boulevard Coppell, Texas 75019 Eagle Point Village Coppell, Texas Dear Doug: Please find attached check #1052 payable to the City of Coppell in the amount of $2,175,00. The. check represents the 2 year escrow deposit as required by the City Ordinance for the maintenance of existing erosion control facilities associated in the Eagle Point Village development. Please have the escrow agreement prepared and forwarded to me at your earliest convenience. Should you have any questions, please call. Since~~ sJ Enclosures 8440 Walnut Hill Lane, 8th Floor · Lock Box 3 · Dallas, Texas 75231 · (214) 373-6666 · Fax (214) 691-4023 SITE CONCRE , INC. 3328 Roy Orr · Grand Prairie, TX 75050-4207 ° 214-313-0733 ° FAX 214-513-0825 Mailing Address: P. O. Box 140096 · Irving, Texas 75014-0096 September 2, 1993 REPUBLIC PROPERTY GROUP 8440 Walnut Hill Lane Dallas, Texas 75231 ATTENTION: Jerry Ragsdale RE: Eagle Point Village Coppell, Texas This serves as our agreement to maintain the Erosion Control including replacement of hay bales and seeding of parkway on the above referenced project for a period of two (2) years from the date of acceptance. TOTAL AMOUNT DUE LUMP SUM $ 2175.00 ~DATE ~.~ S I G~ED BY: DATE Eagle Point Development Ltd. 8440 Walnut Hill, 8th Floor LB2 Dallas, Texas 75231 Team Bank CHECK NO. Branch #010 32-97 .lo 001052 ~Y THE ~DER DATE PAY THiS AMOUNT ' ' I,.,,, I ...... ' .... "' .3 t'., ,',:r 2 ..i ......... "":::i; '" '"' "' ''''''j '"'""" ..... "' ,1' ,1'1'~::' . .. ~ ,1' i:::.' .,,,t. I.,..., I,,,,,, 9/09/93 ~,~2,175.00 Eagle Point Developmem, lad. CITY OF COPP~.~. CO. NO. G/L NO. JOB NO. CHECK NO. 001052 /09/93 Escrow Deposit as . required for maintenance · -i "of existing erosion control ' ~ '/. facilities at Eagle Point · · ~:~ ~.~:..i~Village 68-01 14000 1225 $2,175'.00