Freeport NIP(7.7)-CS001117November 17, 2000
Bruce Roebuck
McMahon Contracting, Inc.
P.O. Box 153086
Irving, Texas 75015-3086
RE: Freeport North Creek'view Drive Extension
Final Acceptance
Dear Mr. Roebuck:
A final inspection of paving and utilities for the referenced project has been confirmed 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
Comrol Bond will also be two years from the date of this letter.
cc: Mike Martin, Assistant City Engineer
Debi Ingrain, Engineering Secretary
Glenn Hollowell, Director of Public Works
Greg Jones, Chief Building Official
Travis Crump, Fire Marshal
Jack Evans, P.E., Pacheco Koch (fax 972-235-9544)
Amy Braddock, CalHar Const. (fax 972-838-2299)
255 PARKWAY ~ P.O BOX 478 '/r COPPELL TX 75OI9 t TEL 972/462 0022 'A' FAX 972/304 3673
~he
Bond No. 08173141
FIDEL~"f ~,.N'D DEPOSIT COMPAN, OF ~[ARYLAND
COLONIAL .-~MERICAN CASUALTY AND SURETY COMPANY
HOME OFFICES. B.kLF1MORE..~ID 2i203
.Maintenance Bond
KNOW ~,LL MEN BY THESE PRESENTS. mat ~e .... .~.q_Ill_a..h_q_n__.g...o_.n..t..r..a..c_..t_i..n.~_.I..n..c.z ................
.......... --v--'-----°--'---}--°-~ ---L5--3--°---8--6-:--- l-r--v--i---n-[ -:.--!-x--. 7.--5--°-~! ..................................................... heremaner
called Principal. as Principal. a~a~..~..~..~.9..n..~..a..3:~-A-m-..e..r-i~.~..a..n..~.C...a..s-u..a-~.~-a.n-d~-Su.r.i.~.Z.-?~mp~.n.y~.
a corporauon or' the State ot Maryland. Baltimore..Mary. lanci, hereinafter called Surety. as Surety.. are held and firmly
bound unto .... C i t Z...o_.~....C_°.E P.e...1.1_,__T__X
hereinaner called Obligee in the sum of.__One Hundred Thousand, Two Hundred Ninet~ Two and 50/100
7..~---~T~---------~---------~.-~-~---7--T~-------~--~--.--7-.7~U~Z~ .... ~..~---7----__-_-..(..$. 100,292.50) DOLLARS.
'.awmt money of the United States or America. ro Oe patd to the said Obligee. or its successors or assigns, to ~e payment
or which sum well and truly to be made. ,a e ~o bind ourselves, our heirs, executors, ammnistrators, successors and assigns.
jointly aaa severally, t2rrnly by mese oresents.
SIGNED. =ealed and dated this ........... L2X..b. .........................day of. .... O__cto.be__r_ lOS. 2__.0.00
WHEREAS. the Principal entered into a contract with Duke-Weeks Realty Limited Partnership
dated September 7_z_2...0..0..O....~.o..r._.C..r..~ekview Road Extension, Coppell, TX
WHEREAS. the Obligee features that mese presents be executed on or before the tinal completion and acceptance of
.aid contract and
WHEREAS. =a~d contract was c,m01etetl anti acce~ted on the .............................. day of. ....................... 19 ....
NOW. THEREFORE. THE CONDITION OF THIS OBLIGATION IS SUCH. that if the Principal shall remedy, without
cost to the Obligee. any defects wmcla ma5' develop during a period of. Two Years
r'rom the date of com~,enon and acceptance of the work performed under the contract, caused by defective or inferior
materlais or worknmnsnip, then tins ooii,,anon shall be void: otherwise it shall be anti remain in full force ~d effect.
M~neraeting I!~..
~ FID£LITY AND DEPOSIT COMPANY OF MARYLAND
'X COLON[AL AMERICAN CASUALTY AND SURETY COMPANY
B ~ ~,~.~,~-~'~7 ~ ~,/
Robbi Morales, Attorney-in-fact
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
HOME OFFICES: P.O. Box 1227, BALTIMORE, MD 21203-1227
Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and
the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by F. L.
BORLEIS, Vice-President, and T. C. JOHNSON, Assistant Secretary, in pursuance of authority granted by Article Vl,
Section 2, of the By-Laws of said Companies, which are set< ~ side hereof and are hereby certified to be
in full force and effect on the date hereof, does
CORNELL, Robbi MORALES,
A. KNISEL and Sheila YOUNG, all of Dallas
execute, seal and deliver, for, and on its behalf as
EXCEPT bonds c
of such bonds or undertakings in pursuance
amply, to all intents and purposes, as if they
the Companies at their offices
on behalf of Jerry P. ROSE, Don E.
DAY, James W. BAUGHMAN,
The said Assistant Secretary
Article VI, Section 2~
IN WITNESS WHEREOF, the said
affixed the Corporate Seals of the said
AMERICAN CASUALTY
ATTEST:
O 7~ C. Johnson
StateofMaryland J* ss:
County of I-Iarford
and appoint Jerry P. ROSE, Don E.
James W. BAUGHMAN, Kelly
lawful agent and Attorney-in-Fact, to make,
md deed: any and all bonds and undertakings
Community Guardians; and the execution
be as binding upon said Companies, as fully and
ad acknowledged by the regularly elected officers of
This power of attorney revokes that issued
Lisa M. BONNOT, Janice G. CORREY, Kathleen
BALL, dated August 18, 1999.
extract set forth on the reverse side hereof is a tree copy of
and is now in force.
and Assistant Secretary have hereunto subscribed their names and
AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
this 30th day of May, A.D. 2000.
~MPANY OF MARYLAND
Assistant Secretary Iq. L. Borleis
INIAL AMERICAN CASUALTY AND SURETY COMPANY
By: a:,,~L ~A_ath
AsMstant Secretary F. L. Borlets
Vice-President
Vice-President
On this 30th day of May, A.D. 2000, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came F. L. Bodeis, Vice-President and T. C. Johnson, Assistant Secretary of the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding
instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for
himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the
preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as
such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
P~tricia A. Trombetti / Notary Public
My Commission Expires: October 9, 2002
L1428-168-0589
2
Com~n~s
Bond No. 08173140
FIDEL[~ f AND DEPOSIT COMPANY OF N{ARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
HOME OFFICES: B~I_rlMORE. MD 21203
Maintenance Bond
McMahon Contracting Inc.
KNOW ALL MEN BY THESE PRESENTS. that we ..................................................................................
....... .p.., _ ..0..... _ .B..o..x.....1..5..3..0...8..6..~...! .r.y..i..n. g. ,. _ _ _ .T..X... 7.._5..0_.1. 5.Z.3. ~. ~_~. .......................................................... hereinafter
called Principal. as Principal. and ....... .c..°.~.9..n.~.i~9~.~.~...AE.9..r.~.i.9~.a..n..~-C~.a..s-u-.a.~.~.t-~L~.p~-~.EE~y~2EE~y .......
a corporation of the State ot Marymna. Baltimore. Maryland. hereinamer called Surety. as Surety.. are held and firmly
bound unto ........... .C..t--t.X _ -°. - .~-- -G--°. 2E -e--1--l-:~-...T--X- ................
hereinafter called Obligee in the sum ot'....T..b.~_r..t_..Y.._.T.h_.°.U_S..a_.n_d.d_t. T__wo Hundred Forty and 50/100 .........
............................................................. ($30,240.50) DOLLARS.
!awful money of the United States or Amertca. to Ve paid to the said Obligee. or ~ts successors or assigns, to the payment
of which sum well and truly to be maue. we ao bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly anti severally, firmly by these presents.
SIGNED. sealed and dated this .............. .1._7_..t..h. ....................... day of ...... .O.c_t._o..b_e...r. ................1{~1...2_0.00
WHEREAS. the Principal entered into a contract with Duke-Weeks Realty Limited Partnership
dated Sep..t_.e_m_b_er._2a....2..0..0.0....f..o..r....R..o. 7..a..l Lane Left Turn _L..a..n.n_e, Coppell., TX
WHEREAS. the Obligee requires that these presents be executed on or before the final completion and acceptance of
said contract and
WHEREAS. =aid contract was comptetea anti accepted on the ............................... day of. ............................ 19 .......
NOW. THEREFORE. THE CONDITION OF THIS OBLIGATION IS SUCH. that if the Principal shall remedy, without
cost to the Obligee. any detects which ma5' develop during a period of ........... .T_-w-°._~-e--a--r- s.~ ..................
from the date of completion and acccptance of the work performed under the contract, caused by defective c,r inferior
materials or workmanship, then this o0iiganon shall be void: otherwise it shall be and remain in full force ann effect.
Mc~ ~Contractin~. Inc.
FIDELITY a, ND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
........................................................................................ -Robbi M6tRT~g, o ney- n-Fact
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
HOME OFFICES: P.O. Box 1227, BALTIMORE, MD 21203-1227
Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and
the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by F. L.
BORLEIS, Vice-President, and T. C. JOHNSON, Assistant Secretary, in pursuance of authority granted by Article VI,
Section 2, of the By-Laws of said Companies, which are scl
in full force and effect on the date hereof, does
CORNELL, Robbi MORALES, Lisa M. BONNOT,
A. KNISEL and Sheila YOUNG, all of Dallas,
execute, seal and deliver, for, and on its
EXCEPT bonds
of such bonds or undertakings in pursuance
amply, to all intents and
the Companies at their offices
on behalf of Jerry P. ROSE, Don E.
DAY, James W. BAUGHMAN,
The said Assistant Secretary
Article VI, Section 2,
IN WITNESS WHEREOF,
affixed the Corporate Seals of the said
AMERICAN CASUALTY AND:
ATTEST:
T.C. Johnson
on the side hereof and are hereby certified to be
and appoint Jerry P. ROSE, Don E.
DAY, James W. BAUGHMAN, Kelly
and Attorney~in-Fact, to make,
md deed: any and all bonds and undertakings
and Community Guardians; and the execution
be as binding upon said Companies, as fully and
acknowledged by the regularly elected officers of
proper persons. This power of attorney revokes that issued
. Lisa M. BONNOT, Janice G. CORREY, Kathleen
BALL, dated August 18, 1999.
the extract set forth on the reverse side hereof is a true copy of
and is now in force.
Assistant Secretary have hereunto subscribed their names and
OF MARYLAND, and the COLONIAL
this 30th day of May, A.D. 2000.
DEPOSIT COMPANY OF MARYLAND
dssistant Secretary F. £. Borleis
AMERICAN CASUALTY AND SURETY COMPANY
By:
dssiztant Secretary F. £. Borlei~
Vice-President
Vice-President
On this 30th day of May, A.D. 2000, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came F. L. Borleis, Vice-President and T. C. Johnson, Assistant Secretary of the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding
instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for
himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the
preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as
such officers were duly affLxed and subscribed to the said instrument by the authority and direction of the said
Corporations.
/N TESTIMONY WHEREOF, I have hereunto set my hand and afro:ed my Official Seal the day and year lust above
written.
Patricia.4. Trombetti / Notary Public
My Commission Expires: October 9, 2002
L1428-168-0589
EXTRACT FROM BY-LAWS OF THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the
Senior Vice-Presidents or Vice-presidents specially authorized so to do by the Board of Directors or by the Executive
Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to
appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may
require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking,
recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees,
mortgages and instruments in the nature of mortgages,...and to affix the seals of the Company thereto."
EXTRACT FROM BY-LAWS OF THE COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of thc Board, or the President, or any Executive Vice-president, or any of the
Senior Vice-Presidents or Vice-presidents specially authorized so to do by the Board of Directors or by the Executive
Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to
appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Companies may
require, or to authorize any person or persons to execute on behalf of the Companies any bonds, undertaking,
recognizances, stipulations, policies, con~'acts, agreements, deeds, and releases and assignments of judgements, decrees,
mortgages and inslruments in the nature ofmortgages,...and to affix the seals of the Companies thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AIVIERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the original Power of
Attorney of which the foregoing is a full, mae and correct copy, is in full force and effect on the date of this certificate; and
I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional
Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,
Section 2, of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution
of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and
held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the companiy and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore
or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company shall be valid and
binding upon the Company with the same force and effect as though manually afl.med."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said
Companies, this
17th dayof October , 2000
.4ssistant Secretary