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Old Town Phase 4-170509ALUNTEN.A NCE BOND Bond No. 929642699 STATE OF TEXAS } COUNTY OF DALLAS I KNOW ALL MEN BY 77ME PMENTS: THAT Pavecon Public Works, LP 3022 Roy Orr Blvd., Grand Prairie, TX 75050 as principal, and Western Surety Company a corporationn organized under the taws of I L , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Coppell , a Municipal Corporation, Texas, the suns of Thirty seven thousand five hundred thirteen Dollars and 64/100 Cents ($ 3L51 ) , 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. THOS obligation is conditioned; however, that whereas, the said Pavecon Public Works, LP has this day entered into a written . contract with the said City of Coppell to build and construct Main Street Coppell Phase 4 Sanitary Sewer and Storm Sewer 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 peep 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 sectibn 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 Maintenance Bond page i oft 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 sball 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 Pavecon Public Works, LP has caused these presents to be executed by and the said Western Surety Company has caused these presents to be executed by its Attorney in fact and the said Attorney in fact Patricia Ann Lyttle , has hereunto set his hand, the 9th day of May , 2017 PRINCIPAL SURETY Pavecon Public Work, LP Western Surety Company Title: Syuri. C.4e- Title:.Patricia Ann Lyttle, Attorney -in -Fact Vi CQ VttS1 n WITNESS: ATTEST: CV�cft(-) Vicki Leslie, Witness NOTE: Dat f Maintenance Bond must trot be pNor to date of Contract. Maintenance Bond Page 2 of 2 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Gary W Wheatley, Bryan K Moore, Clark D Fresher, Betty J Reeh, Individually, of San Antonio, TX Michael D Hendrickson, Patricia Ann Lyttle, Individually, of Irving, TX its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 24th day of August, 2016. " TY'%�`S"E,s WESTERN SURETY COMPANY � °o {�1__ aul T. Bruflat, Vice President State of South Dakota ss County of Minnehaha On this 24th day of August, 2016, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J. MOHR June 23, 2021 ,�NOTAfiYPUBLIC� 1�r+jV��p�J BOUIH DAKOTA J. Mohr, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporatiorRninted on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this �� day of �„U,111111�"„�" SuflEry,, WESTERN SURETY COMPANY NQ�i,POgq���� 2Z� =_Wyt }xi �ri�"rNiDpµ�A' Form F4280-7-2012 L. Nelson, Assistant Secretary Figure: 28 TAC §1.601(a)(3) IMPORTANT NOTICE 1 To obtain information or make a complaint: 2 You may contact Western Surety Company, Surety Bonding Company of America or Universal Surety of America at 605-336-0850. 3 You may call Western Surety Company's, Surety Bonding Company of America's or Universal Surety of America's toll-free telephone number for information or to make a complaint at: 1-800-331-6053 4 You may also write to Western Surety Company, Surety Bonding Company of America or Universal Surety of America at: P.O. Box 5077 Sioux Falls, SD 57117-5077 5 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 6 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdi.texas.gov E -Mail: ConsumerProtection@tdi.texas.gov 7 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact Western Surety Company, Surety Bonding Company of America or Universal Surety of America first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8 ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Form F8365-4-2016 AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con Western Surety Company, Surety Bonding Company of America o Universal Surety of America al 605-336-0850. Usted puede Ilamar al numero de telefono gratis de Western Surety Company's, Surety Bonding Company of America's o Universal Surety of America's para informacion o para someter una queja al: 1-800-331-6053 Usted tambien puede escribir a Western Surety Company, Surety Bonding Company of America o Universal Surety of America: P.O. Box 5077 Sioux Falls, SD 57117-5077 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdi.texas.gov E -Mail: ConsumerProtection@tdi.texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Western Surety Company, Surety Bonding Company of America o Universal Surety of America primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. State of Texas Claim Notice Endorsement To be attached to and form a part of Bond No. 929642699 In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822-5000 Form F6944