Westhaven 1-CS140313 MAINTENANCE BOND
STATE OF TEXAS } Bond No. 024054747
COUNTY OF DALLAS }
KNOW ALL MEN BY THESE PRESENTS: THAT Standard Pacific of Texas, Inca
Delaware corporation as Principal,and Liberty Mutual Insurance Company, a corporation organized
under the laws of Massachusetts , as surety,do hereby expressly acknowledge themselves to be held
and bound to pay unto the City of Coppell, a Municipal Corporation, Texas, the sum of Fifty
Thousand Four Hundred Ninety Two and 80/100 Dollars ($50,492.80) , for the payment of which
sum will and truly be made unto said City of Coppell, and its successors, said principal and sureties
do hereby bind themselves,their assigns and successors jointly and severally.
THIS obligation is conditioned; however, that whereas, the said Standard Pacific of Texas,
Inc., a Delaware corporation has this day entered into a written contract with the said D&S
Enterprises to build and construct Erosion and Sedimentation Control in Westhaven Phase 1, which
contract and the plans and specifications therein mentioned, adopted by the City of Coppell are
hereby expressly made a part thereof as through the same were written and embodied herein.
WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor
will maintain and keep in good repair, the work herein contracted to be done and performed, for a
period of two (2) years from the date of the acceptance of said work, and to do all necessary repairs
and/or reconstruction in whole or in part of said improvements that should be occasioned by
settlement of foundation, defective workmanship or materials furnished in the construction or any
part thereof or any of the accessories thereto constructed by the Contractor. It being understood that
the purpose of this section is to cover all defective conditions arising by reason of defective material
and charge the same against the said Contractor, and sureties on this obligation, and the said
Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said
contract for each day's failure on its' part to comply with the terms of said provisions of said
contract. Now, therefore, if the said Contractor shall keep and perform its' said agreement to
maintain said work and keep the same in repair for the said maintenance period of two (2) years, as
provided, then these presents shall be null and void, and have not further effect, but if default shall
be made by the said Contractor in the performance of its' contract to so maintain and repair said
work, then these presents shall have full force and effect, and said City of Coppell shall have and
receive from the said Contractor and its' principal and sureties damages in the premises, as
provided; and it is further agreed that this obligation shall be a continuing one against the principal
and sureties, hereon, and that successive recoveries may be and had hereon for successive branches
until the full amount shall have been exhausted; and it is further understood that the obligation
herein to maintain said work shall continue throughout said maintenance period, and the same shall
not be changed,diminished or in any manner affected from any cause during said time.
IN WITNESS WHEREOF, the said Standard P cific of Texas, Inc., a Delaware
corporation has caused these presents to be executed by ' G ,Fe.Y y and
the said Liberty Mutual Insurance Company has caused these presents to be executed by its
Attorney in fact and the said Attorney in fact Tracy Aston, has hereunto set her hand, the 13th day
of March, 2014.
PRINCIPAL SURETY
Standard Pacific of Texas, Inc., Liberty Mutual Insurance Company
a Delaware co)•ration
By: _ By: Ofeit/*xrh//_..
Title: /(GG¢idi,y1 .✓, /Ai ter : Tracy Aston,Attorney-in-Fact
WIT► Sg: WITNESS:
OA'
Misty Wright \,
NOTE: Date of Maintenance Bond must not be prior to date of Contract.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On MAR1 32094 before me, Edward C. Spector, Notary Public,
personally appeared Tracy Aston who proved to me
on the basis of satisfactory evidence to be the person(s) whose
name(s) is/a-re-subscribed to the within instrument and
acknowledged to me that ti-e/she/they executed the same in
his/her/their authorized capacity(+e-s), and that by #+s/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature z �' .,
EDWARD C. SPECTOR rEdward C. Spector
Commission # 1905287
a Notary Public -California
z Los Angeles County
t _ My Comm Expires Sep 2220_14
-I-Ha POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No, 6165584
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company
is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name.constitute
and appoint, Ashraf Elmasry: B.Aleman: Daravy Mady: Fdward C.Spector:James Ross:KD Conrad: Kristine Mendez: l isa K.Crail' Marina Tapia:
Misty Wright: Paul Rodriguez:Simone Gerhard:Tracy Aston
all of the city of Los Angeles ,state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,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 pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 12th day of June , 2013 5,
cc
American Fire and Casualty Company -aa
The Ohio Casualty Insurance Company rn
Liberty Mutual Insurance Company c
West American Insurance Company •y
By: div-1 411101"7.---
>,
4 STATE OF WASHINGTON ss Gregory W.Davenport,Assistant Secretaryto
COUNTY OF KING
O
m On this 12th day of June , 2013 ,before me personally appeared Gregory W. Davenport.who acknowledged himself to be the Assistant Secretary of American
v y Fire and Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company.and West American Insurance Company,and that he,as such,being authorized so to do, aW
O 2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. d
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> IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle,Washington,on the day and year first above written. O a.
Ipl^- 46 4
0 d KD Riley,Not Public
L. C
y 0 O E
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_ This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance <n o
Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: w c
05 i ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject o 0
2Z5 to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,
0 E acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective .a
E ai powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so '�y
executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >
0 rt
" the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. a)0
ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, E 00?
> fL2 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, st
P. 3 seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their =00
Z o 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 0 0
executed such instruments shall be as binding as if signed by the president and attested by the secretary. coo
t Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company.authorizes Gregory W. Davenport.Assistant Secretary to appoint such H e—
attorneys-in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and
other surety obligations.
Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that 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 in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I,David M.Carey,the undersigned,Assistant Secretary,of American Fire and Casualty Company.The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West
American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the PowerggofAttomey executed by said Companies,
is in full force and effect and has not been revoked. MAR 3 2014
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of ,20
By.
David M.Carey,Assistant Secretary
LMS 12873_092012 325 of 500