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Freeport NIP(4)-CS 960905The City With A Beautiful Future P.O. Box 478 Coppell, Texas 75019 214-462-0022 September 5, 1996 Mr. Robert Ahmuty MEPC American Properties, Inc. Suite 100 LB10 Dallas, Texas 75248 Final Acceptance Dear Mr. Ahmuty: A final inspection of paving and utilities for the referenced project has been Confu-xned 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 Erosion Control Bond will also be two years from the date of this letter. Construction Inspector cc: Matt Cast, Supt. of Public Services Greg Jones, Chief Building Official John Linstrom, Acting Fire Chief John Jacobson, MacFadden & Miller file/ldavis/Ofinalac.ltr MAINTENANCE BOND AETNA CASUALTY & SURETY COMPANY OF AMERICA Hartford, Connecticut 06156 KNOW ALL MEN By THESE PRESENTS: BOND NO. 71 SB 101060097 That TRI DAL, LTD. 540 COMMERCE ST., SOUTHLAKE, TEXAS 76092 asPfincipal, hereinaffer'6alledcommctor, andAETNACASUALTY&SURETYCOMPANY OF AMERIOA, as Suretyl hereinafter called Surety, are hetd and firmly bound unto CITY OF COPPELL as Obligee. hereinafter called Owner in the penal sum of $ 1 6,975.00 , for the payment whereof Contractor and Surety bind themselves, their heirs, executors administrators, successors, and assigns, jointly and severally firmly by these presents. WHEREAS, Contractor has by written agreement, dated January 5, 1 996 . entered into a contract with~Of~i~ McFADDEN & MILLER, INC., 11 350 LUNA RD o, DALLAS, TX 75229 for PUBLIC STORM TO SERVE FREEPORT NORTH II in accordance with the General Conditions, the Drawings and Specifications, which contract is by reference incorporated herein, and made a part hereof, and is referred to as the contract. NOW, THEREFORE. the condition of this obligation is such that, if Contractor shall remedy any defects due to faulty materials or workmanship which shall appear within a pedod of TWD (2) .... year(s) from the date of substantial completion of the work provided for in the Contract. then this obligation to be void: otherwise to remain in full force and effect. PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed detects with reasonable prompmess. SIGNED and sealed this 26th dayof August ,19 96 In the presence of: TRI DAL, LTD. (SEAL) Principal Title S- 12Z3- I-F f 1-96) AETNA CASUALTY & SURETY COMPANY OF .advIERICA PAULINE L. LESCH Ata~mcy-~-F~ct IMPORTANT NOTICE To obtain information or make a complaint: 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 ~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. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AETNA CASUAL* ~SURETY COMPANY OF AMERICA Har,,.~'d, Connecficul 06156 POWER OF AI-rORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYIS)-IN-FACT KNOW ALL MEN BY THESE PRESENTS. TItAT AETNA CASUALTY & SURETY COMPANY OF AMERICA, · corporation duly organized under Ute laws of the Stats al Connecticut. and having its principal office in the City of flartlord. County of Hertford, State of Connecticut, It·th made, constituted and appointed. and does by these presents meke, conslilute·nd·ppoint Pauline L. Lesch, Clem F. Lesch or Ga~'y Natula - - or Le~isvLUe, Texas , its true and lawful Attorneys-in-Fact, with lull power and authority hereby conferred Io sign. execute and acknowledge, at any place within the Untied Slales, or, if tile following line be filled in, within the area thsze designated · lite following inslrumenl(s): by his sole signature and act. any and all bonds, recognizances, contracts of indemnity, end other wrifings obligatory in Ihe nature of a bond, recognizance. or condillonal undertaking, end any and all con·chiS i.cidenl thereto not. exceeding the stm DE TEN RTLLTON ($10,000,000.00) DOLLARS - and to bind AETNA CASUALT~f & SURETY COMPANY OF AMERICA, thereby es lully end to the same extent as I! the same were signed by the duly authorized officers of AETNA CASUALTY & SURETY COMPANY OF AMERICA, end ell the acts of said Attorneys-in-Fact, pursuant lo the authority herein givon, ara hereby ratified and confirmed. This appointment is made under and by authority of the following Standing flesoluliona al said Company which Resolutions ara now in full force and effect: VOTED: That each of the following officers: Presidenl. Any Executive Vice President. Any Senior Vice President. Any Vice President, Any Asea·toni Vice President. Any Secretary, Any Assistanl Secretary, may from time to time appoint Resident Vice Presidents. Resident Assislenl Secretaries. Allorneys-in-Facl. and Agents to act for end on behalf of lite Company and may give any such appointee such authority es his or her certificate of eulhorify may prescribe to sign with Ihe Company's name and seal wilh the Company's seal bonds· recognizances, contracts Of indemnity, Ind other writings:obligatory in the nalure of a bond, recognizance, or condilionel undertaking, and any of slid officers or Ihe Board of Directors may Il any time remove any lUCh appointee and revoke Ihe power and authorily given him or her. VOTED: That any bond. recognizance, contracl of indemnity, or wriling obligatory in the nature o! I bond. recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President. an Executive Vice President, · Senior Vice President. · Vice President. an Aasislanl Vice PreSident or by · Resident Vice President, purstmnt 1o the power prescribed in the cerfificala of authorily of such Resident Vice Presidanl. end duly attested and sealed with the Company's seat by · Secretary or Assistant Secretary or by a Resident Aesistant Secretary, pursuant to the power prescribed in Ihe certificate of authority of such Residenl Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneyl*in-Fact purlUlnl to the power prescribed in his or her certificate or their cerfificates of aulhority. This Power of Attorney and Certificate of Authority is signed and sealed by fac~imlie under end by authority of the following Standing Resolution voted by the Board of Directors of AETNA CASUALTY & SURETY COMPANY OF AMERICA which Resolution is now in full (orca and effect: VOTED: That the signature of each of Ihe following officers: Pre·aden1, Any Executive Vice President, Any Senior Vice President. Any Vice President. Any Assistant Vice President. Any Secretary, Any Assistant Secretary, end the seat of the Company may be affixed by facsimile to any power of altorney or to any certificale relating Iherelo appointing Resident Vice Presidents. Residanl Assistant Secretaries or Atlomeys-in-Fact for purposes only of executing and atlas(lng bonds and undertakings and other writings obligatory in Ihe nalure thereof, and any such power of atlorney or certificate bearing such facsimile signature or facsimile seal ~hall be valid end binding upon the Company and any such power so executed and certified by such lecsimile signature and facsimile seal shall be valid and binding upon Ihe Company in Ihe future with respect to any bond or undertaking 1o which il is eRached. IN WITNESS WHEREOF· AETNA CASUALTY & SURETY COMPANY OF AMERICA has caused this instrument to be signed by its Vice President· and ils corporate seal to be hereto affixed tills 151; day of Sep~flltber ,19 95 St·la of Connecticut 1 SS. Hartford J County al Hartford AETNA CASUALTY AND SURETY COMPANY OF AMERICA Vice President On this ].St. day of Sep~lBl~le~ . 19 95 . belore me perlonelly cema TERRY F. LUKOW ID me known, who. being by me duly sworn, did depose and say: t hat heJshe is Vice President of AETNA CASUALTY AND SURETY COMPANY OF AMERICA, the corporalion described in and which execuled Ihe above instrument; thai he/she knows the seal of said corporation; Ihel the seal affixed Io Ibc said inslrumenl Is such corporals seal; end that he/site executed the said inslrument on behalf of the corporalion by aulhority of his/her office under the Standing Resolutions Ibereof. Dorothy L. Martl CERTIFICATE I, the undersigned, Assistant Secret art' o f AETNA CAS UALTY & SURETY COMPANY OF AMERCIA, a stock corporalion of the Slate of Connecticut, DO HEREBY CERTIFY thai Ihe foregoing and attached Power of Attorney and Car tificale of Aulhority remains in full Iorce and has not been revoked; and furthermore. Ihal Ihe Slanding Resolutions or the Bored of Directors, as set forth in the Cerlil'icale of Authority. are now in (orca. Signed and Sealed at lite Home Office of tile Coma)any. i, the City al }1art(oral. State of Connecticut. Deled this 26'~ day of AUGUST . is 9 6 S2422112.94l R~e (;onsouli,i, Assist;tnt Secrelary FIREMAN'S FUND INSURANCE COMPANY THE AMERICAN INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION AMERICAN AUTOMOBILE INSURANCE COMPANY HOME OFFICE: SAN FRANCISCO. CALIFORNIA M~II~EN~CE BOND Bond No. 111-2730-4589 KNOW ALL MEN BY THESE PRESENTS: That McFadden & Miller, Inc. P.O. Box 59882, Dallas, TX 75229 as Principal, and. American Automobile Insurance Company , a corporation organized under the laws of the State of MiSSOuri and c~uthorized to do a surety business in the State of. Texss as Surety, are held and firmly bound unto the City of Coppell in the sum ofTWO Thousand~ Five Hundred and no/lOO Dollars .($. 2 ~ 500. O0 --- .), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: SEALED with our seals and dated this 26th day of August, 1996 WHEREAS, on the McFadden & Miller, Inc. the said as contractor, entered into a contract for Driveway approaches at 600 So. Royal Lane, Coppell, TX for the sum of Five Thousand and no/100 Dollars ($5,000.00 .... ); and, WHEREAS, under the terms of the specifications for said work, the said McFadden & Miller~ Inc. is required to give a bond for TWO Thousand, Five Hundred and no/100 Dollars .($ 2,500.00 .... ), to protect the City of Coppell against the result of faulty ma[erials or workmanship for a period of ~Oyear from and after the date of the completion and acceptance of same, NOW, THEREFORE, if the said McFadden & Miller, Inc. of the completion and acceptance of same by said City of Coppell shall for a period of-o~(~ear from and after the date 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. American Automobile Insurance Company' Rosemmry Weaver, Attorney-in-fact X_~-'rO~EY AME N AUTOMOBILE INSURANCE COl,. ,'ANY · 'KNOW ALL MEN BY THESE PRESENTS: That AMERICAN AUTOMOBILE INSURANCE COMPANY, a Corporation duly organized and existing under the laws of the State of Missouri, and having its principal office in the County of Matin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appoint JOHN R. STOCKTON, ROSEMARY WEAVER, L. RAY PITTS, JR., BEVERLY HAYES, jointly or severally DALLAS TX its true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, unde~aking, recognizances or other written obligations in the nature thereof_ ~ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of AMERICAN AUTOMOBILE INSURANCE COMPANY now in full force and effect. "Aflicle VH. Appofa~tmeat ud Antl~orlty of i~Mde~t Sec~tm'~, Affomey.t~F~t mid Agents to accept ~ Process I~d ~e ~. Secgon 4S. Appol~t. me~t. The ChMrmml of the Bosrd of Directol~, the President, any Vice-President or any o~her person tutborized by the Bonrd of Dirmors, the Chair,~u or the Bosrd or Dtrmors, (be e,aidem or any V~e-Preddent my, from time to time, appoint Resident Asdsmnl Secrettrles and Attorneys-b-Foot to repruent and sci for and on behaff o! the Corporuflon stol i~enU to ~___~_ lepl process and mske tppenrtm~ for and on beht!! of the Corpormion. Seciiou 46. A~rtAor~. The anthoflty of such Resident ,4~uistant Secretmtes, At~omeys4n-Fset nd A~ents shall be ss prescribed in the inmmment evjdenctn~ tbdr tppointment. Any such tppoinlment and MI anthori~ r~anted thereby my be revoked nt any time by the Bonrd of Directors or by any perMn empowered to msim sach appo~lment;' This power of attorney is signed and sealed under and by the authority of the fo/lowing Resolution adopted by the Board of Directors of AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and l:¢ld on the 31st day of July, 1984, and said Resolution has not been amended or repea/ed: "RESOLVED, that the signature of any Vice-President. Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile. and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation;' IN WITNESS WHEREOF. AMERICAN AU'I~MOBILE INSURANCE COMPANY has caused these presents to be signed by its Vice-President, and its corporate seal to be hereunto affixed this f ~...'- ._ '.~ STATE OF CALIFORNIA COUNTY OF MARIN dayof Jmnuary .19q6 . .~ddERICAN AUTOMOBILE INSURAIqCE COMPANY M. A. Mallonee Onthis 26thdayof January ,19 96 , before me personally came to me known, who, being by me duly sworn, did depose and my: that he is Vice-President of AMERICAN AUTOMOBILE INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the ~ affLxed to the said instrument is such corporate seal; that it was so aff"Lxed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affLxed my official seal, the day and year herein first above written. COMM. # 1 0d51 1 2 NOTARY PUBLIC.CALIFORNIA MARIN COUNTY 0 ~cc,~. ~.~s ~. ~o. ~ -rs CERTI~CATE STA~ OF C~O~ ~ m. ~ OF ~N !, $e ond~pg, R~t ~i~t ~ of ~RIC~ A~MOBI~ ~SU~ ~~, a MIS~U~ ~gon. ~ ~BY ~RTI~ t~t ~e f~o~ ~d a~h~ PO~R OF A~Y r~ in f~ for~ ~d ~ not ~ ~ok~; ~d ~o~ ~t ~de ~I, ~o~ 45 ~d ~ of ~e By-~ of ~e Co~ragca. ~d the R~lufion of ~e ~d of ~o~; ~ fo~ ~ ~e Pow~ of Attom~, ~e n~ ~ fo~. IMPORTANT NOT I CE To obtain information or make a complaint: You may call Fireman's Fund's toll-free telephone number for information or to make a complaint at 1--8OO--527--5787 You may also write to Fireman's Fund at: P. 0. Box 2519 Dallas, TX 75221 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1--8OO--252--3439 You may write the Texas Department of Insurance P. 0. 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 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. AVI SO I MPORTANTE Para obtener lnformacion o para someter una queja: Usted puede llamar al numero de telefono gratis de Fireman's Fund's para lnformacion o para someter una queJa al 1--8OO--527--5787 Usted tambten puede escrlbir a Fireman's Fund: P. 0. Box 2519 Dallas, TX 75221 Puede comunlcarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o queJas al 1--8OO--252--3439 Puede escribir al Departamento de Seguros de Texas P. 0. BOX 149104 Austin, TX 78714-9104 FAX #(512) 475-1771 DISPUTAS SOBRE PRIMAS O RECLAMOS = St ttene una disputa concerniente a su prima o a un reclamo, debe comunlcarse con el agente primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLI ZA .' Este avlso es solo para proposito de informacion y no se convierte en parte o condlcion del documento adJunto. 485616-9-89 ~OND NO. 015005740 ~l~ ~ ~ ~SlSPREMIUM: $600.00 NAM6~OF FROJECT & LOCATION~ FREEPORT NO~ ~[]l -N~ ~2 600 S. ROYAL LN., COPPELL, TEXAS BOND ~ 015005740 PUBLIC WORK CONSTRUCTION CONTRACTOR'S MAINTENANCE BOND THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS HIGHLAND FIRE PROTECTION COMPANY , as Principal and THAT WE, AMWEST SURETY INSURANCE COMPANY as Surety, · acknowledge for the benefit of any person, firm or corporation injured by s breach of the term hereof in the sum of PLEASE SEE ** Dollars (~0% of the total contract price) for the payment of which well and truly to be made, we bind ourselves, our heirs· executors and administrators, jointly and severally, by these presents~ · * EIGHT THOUSAND NINE HUNDRED SEVENTY TWO AND 00/100 ($8.972.0) The conditions of this obligation· however, are such that, ~ereas, the Principal has entered into a contract for the purpose of excavating, laying· constructing· building, repairing, rebuilding· grading, graveling, paving· surfacing, resurfacing, or doing any work in or upon any public street· alley, easement or thoroughfare within the corporate limits of the City of Coppell. and where the code of. Ordinances of the City of Coppell requires an indemnifying bond in the sum of $8~972.00 Dollars (50% of the total contract price) of persons performing such work within the City of Coppell whi6h sections of said Code of ordinances are made a part hereof for all intents and purposes. This obligation is further conditioned that the Principal maintain such work in a good and workmsnliRe manner and state of repair for a period of two (2) years from and after its completion and written acceptance by the City of Coppell. NOW, THEREFORE· if the said Principal shall well and sufficiently indemnify and hold harmless the City of Coppell . against all costs· claims, expense or damages of whatsoever kind or character, whether real or imagined, resulting directly or indirectly from such Construction work which may in any wise accrue against the City of Coppell in consequence of the operations covered by the permit issued to the said Principal, under the provisions of the aforesaid code Of ordinances and shall comply with all rules and regulations promulgated by authority thereof during the term hereof, in such event then this obligation shall be null and void· otherwise, to remain in full force and effect. It is understood and agree~ that this bond may be sued upon in the name of any person· firm, or corporation injured by any act constituting a breach of the conditions hereof, and that the same shall not be void upon one recovery but may be sued upon from time to time until the whole amount of the penalty is recovered. It is expressly understood, however· that the coverage provided under this bond shall not extend to include any claim of any nature wheresoever arising under and coming within the terms of the Workmen's Compensation Act of ~he State of Texas. The execution of this bond by the duly authorized agent Of surety shall be deemed conclusive of its liability hereunder irrespective of any defect of the execution hereof by Principal. IN TESTIMONY WHEREOF, witness our hand this 13TH day of MAY , 19 9~ · HILB.ROGAL & HAMILTON OF DALLAS (RESIDENT SURETY) 5520 LBJ FREEWAY, STE 600 (Address) DALLAS, TEXAS 75240-6294 (5ocal Phone Number) Principal: HIGHLAND FIRE PROTECTION CQMPANY Title : . _ Address~ P.O. BOX 550847 DALLAS, TEXAS 75355-0847 Telephone, 214-341-9377 AMWEST SURETY INSURANCE COMPANY (Main Insurance Company) 1231 GREENWAY DR., STE 420, IRVING, TX 75038 214-580-866~ ~r * L./ ' ~_~---- /.~/ ~ Surety (Power of a~torney) to . be attached LANNIE MCCLAIN ATTORNEY-IN-FACT Llff IMMMI OWER OF A TORNEY EXPIRATION DATE Amwest Surety Insurance Company 1-04-97 00005s3423 RE.4D C4REFULL Y This document is printed on white paper containing the artificial watermarked logo (~) of Amwest Surety Insurance Company (the "Company") on the front and brown security paper on the back. Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of California and is only valid until the expiration date. KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a California corporation (the "Company"), does hereby make, constitute and appoint: VIVIAN CAMPBELL JEANNIE WILLIAMS RIC W. STEWART LANNIE MC CLAIN AS EMPLOYEES OF AMWEST SURETY INSURANCE CO its tree and lawful Attorney-in-fact, with limited power and authority for and c thereto ifa seal is required on bonds, undertakings, recognizances, reinsurance a the nature thereofas follow: Bid Bonds up to $**S,000,000.00 Contrnet (Performance & Payment), Court, Subdivision S*'5,000,000.00 License & Permit l~nds up to S*'5,000,000.00 Miscellaneous Bonds up to S*'5,000,000.00 Small Business Administration Guaranteed Bonds up to $*'1,250,000.00 and to bind the company thereby. This appointment full force and effect. I, the undersigned secretary ofAmwest Suret~ force and provisions ofthe By-Laws of the Company, are now in ~ remnins in full and that the relevant ~ndNo. 015005740 m m m m m m m m m m m This POA is signed and sealed by facsimile Company at a meeting duly RESOLVED authorit~ of the Company 1975: Kaxcn G. Coh~ ~eret~ DIRECTORS m m m m m m m m m m m , the Board of Directors of Amwest Surety Insurance , Assistant Secretary, may appoint attorneys-in-fact or agents with for and on behalf of the Company, to execute and deliver and affix the seal of all kinds; and said officers may remove any such attorney-in-fact or agent and RESOLVED FURTI-i~R (i) when signed by (ii) when signed by the President or an, authorized attorney-in-fact or a (iii) when duly executed and by the power of attorney RESOLVED FURTHER, that the si thereof authorizing the execution and del be valid and bind upon the Company: (ifa seal be required) by any Secrc-tary or Assistant Sec~taty; or or Assistant Seereta~, and countersigned and sealed (ifa seal be required) by a duly tone or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced r authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually afl'med. IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 8th day of September, 1995. John E. Savage, Ka~n G. Cohen, Secretary State of California County of Los Angeles On September 8, 1995 before me, Peggy B. Lotion Notary Public, personally appeared John E. Savage and Knren G. Cohen, personally known to me (or proved to me on the basis of satisfnctory evidence) to be the person(s) whose nnme(s) is/are subscribed to the within insl~utnent and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/ber/tbeir signature(s) of which the person(s) acted, executed the instrument. WITNESS ~hand and official seal. Signature T. 1} ~, /~'D ~~ ~l'e~yllJ Lotion, Notary Puget \',.,,,Jh, Htlllill..( \ 91/~6"; 4~lilJ Il I S1~-04 IIII R