Villas oF SW- CS140805 SureTec
SureTec Insurance Company
1330 Post Oak Boulevard, Suite 1100
Houston, TX 77056
713-812-0800
Bond No. 4397571
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that we Mabak Directional Drilling, Inc. as
Principal, and SureTec Insurance Company, a corporation organized under the laws of the
State of Texas, and duly authorized to do business in the State of Texas as Surety, are held
and firmly bound unto City of Coppell as Obligee, in the penal sum of Fifty Four Thousand
Five Hundred Seventy Six and 69/100- ($54,576.69) to which payment well and truly to be
made we do bind ourselves, and each of our heirs, executors, administrators, successors and
assigns jointly and severally, firmly by these presents.
WHEREAS, the said Principal has completed, and owner has inspected and accepted
as being complete in accordance with applicable design documents (failing which, this bond
shall become effective only upon such completion and inspection) that certain work (herein
referred to as the "Work") described as: Villas of Southwestern.
WHEREAS, said Obligee requires that the Principal furnish a bond conditioned to
guarantee for the period of Two (2) year (s) after substantial completion of the Work against
defects in workmanship and materials which are the responsibility of the Principal under the
contract under which the Work was constructed, and which did not appear prior to the final
completion of the Work.
NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH that, if the
Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of
defective materials or workmanship which may first become apparent, and with respect to
which written notice is delivered to Surety, before the expiration of the period of Two (2) year
(s) from and after date of substantial completion of the Work, then this obligation shall be
void, otherwise to remain in full force and effect.
This obligation does not cover normal wear and tear of materials, misuse or abuse by
the Obligee or third parties, failure of Owner to perform owner-required maintenance, nor
Maintenance Bond—No Performance Bond Furnished Rev.010106
Please see the attached Rider for important notices and coverage information
any defects known to Obligee prior to final completion of the Work nor any defects discovered
or occurring after the expiration of the period set forth above.
Surety's liability on any performance bond previously executed in connection with the
Work shall terminate automatically upon acceptance of this Bond and Surety's liability shall
thereafter be determined exclusively in accordance with the terms of this Bond.
No right of action shall accrue hereunder to or for the benefit of any person or entity
other the Obligee named herein, nor shall any suit be filed or action maintained on this bond
more than twenty five (25) months after the date of the earliest timely notice of defect by
Obligee to Surety.
SIGNED, SEALED AND DATED THIS 5th day of August, 2014.
Mabak Directional Drilling, Inc.
Principal
By: 42Q
SureTec Insurance Company
/ /' i
By:
Rita G. Gulizo, Attorney-in-Fact
Maintenance Bond—No Performance Bond Furnished Rev. 1-1-06
Please see the attached Rider for important notices and coverage information
• r
POA#: 4221140
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make,constitute and appoint
Michael F.Tubbs, Rita G.Gulizo,Susan D.Zapalowski
its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for:
Five Million and 00/100 Dollars($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the
premises. Said appointment shall continue in force until 12/31/2015 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is
. hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and
deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal
to be hereto affixed this 21st day of March,A.D.2013.
ornout a, SURETEC INSURANCE COMPANY
SURANcFw,,
B -gerflll
It€w_I' IA John Tox Jr. 'resident
cc State of Texas ss: 9 d f -cf
County of Harris •...••....
.........
On this 21st day of March,A.D.2013 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the
Board of Directors of said Company;and that he signed his name thereto by like order.
.�,a+Poet JACQUELYN MALDONADO
_� NotaryPublic
' �� ' State of Texas An
N'"oF ' My Comm.Exp•511812017 elyn Maldonado,Notary Public
My commission expires May 18,2017
I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set
out in the Power of Attorney are in full force and effect.
��rGiven under my hand and the seal of said Company at Houston, Texas this 5th day oft--7-V , 2014 , A.D.
<<
.Bre,t Beaty,Assistant ecretary
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pin CST.
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice/Filing of Claims
To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a
complaint or file a claim at: 1-866-732-0099.You may also write to the Surety at:
SureTec Insurance Company
9737 Great Hills Trail, Suite 320
Austin, Tx 78759
You may contact the Texas Department of Insurance to obtain information on companies,coverage,rights or complaints at 1-800-252-
3439.You may write the Texas Department of Insurance at
PO Box 149104
Austin,TX 78714-9104
Fax#: 512-475-1771
Web:http://www.tdi.state.tx.us
Email:ConsumerProtection@tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim,you should contact the
Surety first. If the dispute is not resolved,you may contact the Texas Department of Insurance.
Terrorism Risks Exclusion
The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for,
losses caused by acts of terrorism, riot, civil insurrection, or acts of war.
Exclusion of Liability for
Mold, Mycotoxins, Fungi & Environmental Hazards
The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be
liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their
related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental
spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the
performance of the bonded obligations, of the occurrence, existence, or appearance thereof.
Texas Rider 06042014 1