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Freeport NIP(3)-CS 951004BOND NO. 22-000-264 MAINTENANCE BOND KNOW ALL MEN BY TI~SE PRESENTS: That Site Concrete, Inc., 3328 Roy Orr Blvd., Grand Prairie, TX 75050 as Principal, and Liberty Mutual Insurance Company as Surety, are held and firmly bound unto City of Coppell, Texas Obligee, in the full and just sum of Eighteen Thousand Three Hundred Eighty Three & 00[100 Dollars ($18,383.00), lawful money of The United States for the payment whereof, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, admires' trators, successors and assigns, jointly and severally, fu'ndy by these presents. Wl~REAS, the Principal has entered into a written contract dated October 4, 1995 with MEPC American Properties, Inc., 15303 Dallas Pkwy., #100, Dallas, TX 75248 for Left Turn Lane - Freeport North, Coppell, TX and WI~REAS, Obligee provides that the Principal will furnish a bond conditioned to guarantee for the period of Two (2) years after approval of the f'mal acceptance on said job, by the City, against all defects in workmanship and materials which may become apparent during said period. NOW, TItF~REFORE, the condition of this obligation is such that, if the Principal shall indenmify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the aforesaid period, then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED THIS TgiE 9th DAY November (Witness) Site Concrete, Inc. (Principal) ib~rty Mutual Ins~ (Surety) Michael B. Hill, Attorney-In-Fact THIS POWER OF ATTORNEY IS NOT ~'~,ID UNLESS IT IS PRINTED ON RED BACKG"'~UND. 089316 This 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. · UBERTY MUTUAL INsuRANcE'CoMPANy --:* - -' ' BOSTON, MASSACHUSETTS ' POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company'), a Massachusetts mutual insurance company, pursuant to and by authority, of the.By-law and' Authodzat On. hereinafter set forlh, does hereby name, constitute and appoint, WILLIAM D. BALDWIN, W.T. RAGSDALE,. SUZANNE~ C;': BALDWIN, CINDY FOWLER, MICHAEL B, HILL, DON E. SMITH, RAY.WATSON, ALL.'.OF THE-'CITY'¥OF RICHARDSON AND WILLIAM L. , each individually if there be more than one named, its true and lawful attorney-in-fact to' make, executei. Seal', acknOWledge and deliver, for and on its behalf as surety and as ts act and deed, any and all undertakings bO~ds; i'ecognizanCes- add othei surety 0bl!gauon$ in the penal sum not exceeding undertakings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by .the president and attested by the secretary of the Company in their own proper persons. - . .'i . - ~ i '. ~-' - That this power is made and executed pursuant to and by authority of the following By-law and Authorization: -' ~ - ARTICLE XVl - Execution of Contracts: Section 5. Surety Bonds and Undanaldngs. Any officer or other official of the company authorized for that purpose in writing by the chatri'nan or the president, 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 attorneys-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 XVl, 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 ar~ now in full force and effect. IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seat of the said Liberty Mutual Insurance Company has been affixed .~t~-q in Plymouth Meeting, Pennsylvania this 21st . ~ day of' April 19 95 . '~?~' - LIBERTY MUTUAL INSURANCE COMPANY Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY ss On this 21st day of Aoril . A.D. 19 95 ~ before, me; a Notary Public, personally came the individual, known to m~ to be the therein de--dual and officer. of Liberty MutUa~...)h~Ure, nce Co.mpa..i~yi.*~h0 ex?~U ~t~d:..~ip.~.'. _e~li'ng instrument,, and he acknowled- ged that he executed~, t~arEe a~/.~...,tthe sea! affixed to t~e.sal~..~reced~ instrumem;i~$; ~he corpq~.~e,.'.e.?'~f;;~d.CxSmPany; and.that said corporate seal and his signatu~_,~b['eJJ)~as duly' affixed and Subscribed'to. tl~e.;said' inst..ant 13y'a~jttl0rity and'.d~iOn, of the said company. I, the undersigne(%J~.~-[~'~'tan'~.~'re:iary of Liberty Mutual Insurance Company, d0. h'e~eby ce~fY:tha~..t~.. 0dgin.al power of attorney of which the foregoing is a full, true and c-'~51~'~ c°PY, i$ in full force and effect' 0n' tlie"d~.te"of this certi~e; and .t..'do. fur .th.....er'certffY that the officer who executed the said power of attorney was one of the officers specially authorized by the 'chairman or the'president t~ app~idl any attorney-in-fact as provided in Article XVl, 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 Uberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March. 1980. VOTED that the facsimile or mechanically reproduced sigma!ute o~ any assistant secretary of the company wherever appearing upon a certified copy of any power of attorney issued by the company, shall b{ valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto.,~ubscribed my name and ai§~the corporate seal of the said company, this 9t:h day of THIS POWER OF AWORNEY MAY NOT BE USED TO EXECUTE ANY BONO wrrH AN INCEP'nON DATE AFTER June 30 ,19 97 IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A (~OMPLAINT: YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE. TO OBTAIN INFORMATION ON COMPANIES, COVERAGES, RIGHTS OR COMPLAINTS AT: 1-800-252-3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE: P.O. BOX 149104 AUSTIN, TX 78714-9104 FAX # (513) 475-1771 PREMIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY: THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT. F. 140328 (9/92) SITE CONCRETE, INC. PO. BOX 14~;(']96 IRVING, TEXAS 75~14-1']096 MR. ROBERT AHMUTY MEPC AMERICAN PROPERTIES, INC. 153~3 DALLAS PARKWAY ~1D0 DALLAS, TEXAS 75248 JOB NO. 9551 PROJECT: FREEPORT NORTH EST. NO. RETAINAGE FROM: 10/26/95 TO: 11/1D/95 ITEM DESCRIPTION NO. OF ITEMS PLAN Q. THIS ES'[. UNITS (--QUANTITIES .... ) TO UNIT DATE PRICE TOTAL 1. LEFT TURN LANE LS I i $36,766.0~ $36,766.~;D