Kyra Court-170504MAINTENANCE BOND
STATE OF TERAS }
COUNTY OF DALLAS }
Bond No. 310019
KNOW ALL INIE1 BY THESE PRESENTS: THAT _
SMB Enterprises, Inc _ _ as Principal,
and NGM Insurance Company a corporation organized
under the laws of Florida , as sureties,
do hereby expressly acknowledge themselves to be held and bound to pay unto the
City of Coppell , a Municipal Corporation, Texas, the sum of
One hundred twenty three thousand seven hundred seventy four & no/100 Dollars and
Cents ($123,774.00 ) , for the payment of which sum
will and truly be made unto said [;iy nf(' nlal)pll 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
SMB Enterprises, Inc
h this day entered into a written contract with the said
J Dose Architects _ to build and construct
K ra Court -L! d rground Utilities
d'c Ofcl,p pelyd the plans and specifications therein mentioned, adopted by the
_ 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
Maintenance Bond
Page I of 2
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.
SMB Enterprises, Inc
IN VS'iTNESS + � F, the said has
caused these presents to be executed by Steven Black
and the said NGM Insurance Company has caused these presents to
be executed by its Attorney in fact and the said Attorney in fact
Sheri R Allen , has hereunto set his hand, the 4th day of
2017.
PRINCIPAL SURETY
SMB Enterprises, Inc N Insurance Company
By:
�,��
Title: c,- Title: Attorney -in -Fact
WITNESS: i ATTES
NOTE: Dare of Maintenance Bond must not be prior to date of Contract,
Maintenance Bond
Page 2 of 2
® NGM INSURANCE COMPANY
A member of The Main Street America Group
POWER OF ATTORNEY 06-03006269
KNOW ALL MEN BY THESE PRESENTS: That NGM Insurance Company, a Florida corporation having its principal
office in the City of Jacksonville, State of Florida, pursuant to Article IV, Section 2 of the By -Laws of said Company, to wit:
"Article IV, Section 2. The board of directors, the president, any vice president, secretary, or the treasurer
shall have the power and authority to appoint attorneys -in -fact and to authorize them to execute on behalf of
the company and affix the seal of the company thereto, bonds, recognizances, contracts of indemnity or
writings obligatory in the nature of a bond, recognizance or conditional undertaking and to remove any such
attorneys -in -fact at any time and revoke the power and authority given to them. "
does hereby make, constitute and appoint Bret Tomlinson, Sheri R Allen, David Oxford, Steven Lott,
Sherrel Breazeale, Peggy Hogan ---------------------------------------------------------
its true and lawful Attorneys -in -fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed, bonds,
undertakings, recognizances, contracts of indemnity, or other writings obligatory in nature of a bond subject to the following
limitation:
1. No one bond to exceed Five Million Dollars ($5,000,000.00)
and to bind NGM Insurance Company thereby as fully and to the same extent as if such instruments were signed by the duly
authorized officers of NGM Insurance Company; the acts of said Attorney are hereby ratified and confirmed.
This power of attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by
the Directors of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977.
Voted: That the signature of any officer authorized by the By -Laws and the company seal may be affixed by facsimile to
any power of attorney or special power of attorney, or certification of either given for the execution of any bond,
undertaking, recognizance or other written obligation in the nature thereof-, such signature and seal, when so used being
hereby adopted by the company as the original signature of such office and the original seal of the company, to be valid
and binding upon the company with the same force and effect as though manually affixed.
IN WITNESS WHEREOF, NGM Insurance Company has caused these presents to be signed by its Vice President,
General Counsel and Secretary and its corporate seal to be hereto affixed this 8th day of January, 2016.
NGM INSURANCE COMPANY By:
I1NIINllrllr11114
1923_
Bruce R Fox
'''"
Vice President, General
%x1111111111"N°'°
Counsel and Secretary
State of Florida,
County of Duval.
On this January 8, 2016, before the subscriber a Notary Public of State of Florida in and for the County of Duval duly commissioned and
qualified, came Bruce R Fox of NGM Insurance Company, to me personally known to be the officer described herein, and who executed
the preceding instrument, and he acknowledged the execution of same, and being by me fully sworn, deposed and said that he is an officer
of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate
seal and her signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Company; that Article IV, Section 2 of the By -Laws of said Company is now in force.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at Jacksonville, Florida this 8th day of January,
2016. ^ T_'_ ^"°
NOTARE
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I, Nancy Giordano -Ramos, Vice President of NGM 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 -
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company at Jacksonville, Florida this
4th day of May ,2017
WARNING: Any unauthorized reproduction or alteration of this document is prohibited. --��
TO CONFIRM VALIDITY of the attached bond please call 1-800-225-5646.
TO SUBMIT A CLAIM: Send all correspondence to 55 West Street, Keene, NH 03431 Attn: Bond Claims.
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