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KFC & Pizza Hut-CS 891006 2ond No. 52326.507 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, INTERSTATE CONSTRUCTION MANAGEMENT, INC., II 13 Cleveland Avenue, Loveland, Colorado 80537, as Principal, and TRANSAMERICA INSURANCE COMPANY, a Corporation duly incorporated under the Laws of the State of California, as surety, are held and firmly bound unto The City of Coppell, Texas, hereinafter called Obligee, in the sum of Three Thousand Two Hundred Dollars ($3,200.00), lawful money of the United States of Amerlea, to the payment of which well and truly to be mode we bind ourselves, our successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said principal has heretofore entered into a contract with KF-C National Management Company for construction of o Kentucky Fried Chicken Retail Outlet at 135 South Denton Tap, Coppell, Texas, in accordance with the terms of said contract. As a condition to the acceptance of such work, the Principal is required to execute this Bond guaranteeing maintenance of two approaches, the city sidewalk, a fire hydrant and water tap located at 135 South Denton Top, Coppell, Texas, for a period of One Year after acceptance of said work: NOW, THEREFORE, the condition of this obligation is such, that if the said construction does not prove to be defective as to faulty materials or workmanship within the said One Year period, then this obligation shall be void; otherwise to remain in full force and effect, SIGNED, SEALED AND DATED THIS 6th day of October, 1989. INTERSTATE CL~ISTRUCTION MANAGEMENT, INC. TRANSAMERICA INSURANCE COMPANY . -" .. !: '--- Attorney -in-Fact Transarr-"ica Insurance Company A Stock Cc ny / Home Office: Los Angeles. California and acknowledges same to be the act and deed of said corporation. ] ~...~.,~t--]~..~ HAZEL YAMASAWA ~ ~ LOS ANG[L~S COUNTY My Commission [xpires Sept. 30, 1988 Hazel Yamasawa, Notary Public in and for the County of Los Angeles, California 1719 (Continued) 6-86 Transamerma Iii - Insurance Services --~ Power of Attorney '~t~lwt'l'~ ALL MEN 8Y THESE PRESENTS: That TRANSAMERICA INSURANCE COMPANY, a corporation of the State of California, does hereby make, consti- tuteandapp0int Dell G. Van. Gilder, Jr., Douglas C. Baesler, Delores Newland, Donna Peterson, Thomas L. Myers, Therese Kurth, Kimberlee Scimemi or W. R. Withrow, each of Denver, Colorado--- its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf on the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances or other written obligations in the nature thereof, as follows: Any and all bonds and undertakings, UNLIMITED IN AMOUNT, for or on behalf of this company, in its business and in accordance with its charter,--- and to bind TRANSAMERICA INSURANCE COMPANY thereby, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full force and effect. ARTICLE Vii SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts of indemnity, endorsements, stipulations, waivers, consents of sureties, re.insurance acceptances or agreements, surety and co-surety obligations ~nd agreements, underwriting undertakings, and all other instruments, pertaining to the insurance business of the Corporation, shall be validly executed when signed On behalf of the Corporation by the President, any Vice President or by any other officer, employee, agent or Attorney-in,Fact authorized to so sign by (i) the Board of Directors, (ii) the President, (iii) and Vice President, or (iv) any other person empowered by the Board of Directors, the President or any Vice President to give such authorization; provided that all policies of insurance, shall also bear the signature, of a Secretary, which may be a facsimile, and unless manually signed by the President or a Vice President, a facsimile signature of the President. A facsimile signature of a former officer shall be of the same validity as that of an existing officer. The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person authorized to execute or attest such instrument may affix the Corporation's seat thereto. This Power of Attorney is signed and sealed by a facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of October 1963. "Resolved, 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 execu- tion 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 officer 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, TRANSAMERICA INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to hereunto affixed this 19th day of November ,19 87 By ~.H. Tanner, Vice President State of California ) County of ) ss On this 19th day of November ,19 87 , before me Hazel Yamasewa, a Notary Puhlic in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared J.H. Tanner personally known to me (or proved to me on the basis of satisfactory evidence) to be a Vice President of TRANSAMERICA INSURANCE COM- PANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that ha 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,