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Freeport NIP(7.4)-CS001020October 20, 2000 Chris Jackson Hill & Wilkinson, Ltd. 11969 Piano Road, Suite 190 Dallas, Texas 75243-5486 RE: Freeport North, Lot 3, Block A, Building VI Final Acceptance Dear Mr. Jackson: 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 Control Bond will also be two years from the date of this letter. is ~~cti;; Inspector 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 255 PARKWAY' 11i' P O BOX 478 'k COPPELL TX 76OI9 '~' TEL 972/462 0022 ~' FAX 972/304 3673 BOND NO.: 415003882 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That CaIHar Construction~ Inc. as Principal, and Far West Insurance Company as Surety, are held and firmly bound unto City of CoppeH Obligee, in thc full and just sum of Forty Two Thousand Four Hundred Ei~_ht~ Seven and 50/100 ($42,487.50), lawful money of The United States for the payment whereof, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a written contract dated 03/29/00 with Hill & Wiikinson~ Inc. for Off Site Water, Sanitar~ Sewer and Storm Sewer in Public ROW for Freeport VI. Coooell, TX and WHEREAS, Obligee provides that the Principal will furnish a bond conditioned to guarantee for the period of Two (2) year(s) after approval of the final acceptance on said job, by the City, against all defects in workmanship and materials which may become apparent during said period. NOW, THEREFORE, the condition of this obligation is such that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the aforesaid period, then this obligation shall be void, otherwise to remain in full force and effect. Signed, Sealed and Dated This 27th Day of September, 2000. CalHar Construction~ Inc. (Principal) Far West Insurance Company (SureW]5 '~~ ~ Michael B. Hill, Attorney-In-Fact Power Expires: 07/17/02 LIMIT ,D POWER OF AT )RNEY Amwest Surety Insurance Company Far West Insurance Company Bond No.: 41500388;~ Bond Issue Date: 9/27/00 POWER NUMBER 0001160117 This document is printed on white paper containing thc artificial watermarked logo ( '$~ ) of Amwest Surety Insurance Company on thc front and brown security paper on thc back. Only unaltered originals of the Limited Power of Attorney ("PEA") are valid. This PeA may not be used in conjunction with any other PeA. No representations or wan'antics regarding this PeA may be made by any person. This PeA is governed by the laws of the State of Nebraska and is only valid until the expiration date. Amwest Surety Insurance Company and Far West Insurance Company (collectively the "Company") shall not be liable on any limited PeA which is fraudulently produced, forged or otherwise distributed without the permission of the Company. Any party concerned about thc validity of this PeA or an accompanying Company bond should call your local Amwest branch office at (972) 248-3232 KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company, a Nebraska corporation (collectively the "Company"), do hereby make, constitute and appoint: Suzanne C. Baldwin William D. Baldwin Cindy Fowler Debbie Smith Michael B. Hill As Employees of Baldwin Insurance and Bonding Agency, Inc. its true and lawful Attomey-in-fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto if a seal is required on bonds, undertakings, recogmzances, reinsurance agreement for a Mdler Act or other performance bond or other written obhgnt~ons as follows. All Bonds up to $10,000,000.00 and to bind the company thereby. This appointment is made under and by authority of the By-Laws of the Company, which are now in full force and effect. I, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company, a Nebraska corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of both Amwest Surety Insurance Company and Far West Insurance Company set forth on this Power of Attorney, and that the relevant provisions of the By-Laws of each company, are now in full force and effect. * * * * * * * * * * * * * * * * * RESOLUTIONS OF THE BOARD OF DIRECTORS * * * * * * * * * * * * * * * * * * * * * * * * * * * This PeA is signed and sealed by facsimile under and by thc authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 15, 1975 and Far West Insurance Company at a meeting duly held on July 28, 1983: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any PeA previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President or any Vice President and attested and sealed (ifa seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any PeA or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of thc Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Amwest Surety Insurance Company and Far West Insurance Company have caused these present to be signed by its proper officers, and its corporate seals to be hereunto affixed this 17~h da~Canuary, 2000. -~/~ ~h~n E. Savage,'~l~-'~-Presidefit ~ '~~' , State of California County of Los Angeles On January 17, 2000 before me, JeAnne Anderson Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and o~'ficial seal. .~.?<..Bv, PO.%¥[q,,..~%. [}~..~0P, O42..~6x~ gn ~*" ;'-'" jo~,,,,,~=~.xo,m~ui~ (Seal) "-,.~ ............... ~ ,,' %,.~. ..................... ~.e" ;~.~,,,~" '"'~,.,.,,,~,,,,.,.~'"' 5230 Las Virgenes Road Calabasas, CA 91302 TEL 818 871-2000 I March 29, 2000 Hill & Wilkinson, Inc. Mr. Steve Camp 972-437-1600 fax 972-437-6708 Proposal #99206D: Right of way breakout for site utilities for Freeport VI in Coppell, Texas. ITEM DESCRIPTION QTY UNIT PRICE TOTAL FREEPORT VI WATER 12" DR 18 400 LF $ 18.50 $ 7,400.00 8" Dbl. Detector check/vault 1 EA $ 8,600.00 $ 8,600.00 Dbl. 2" Domestic meter/backflow 1 EA $ 2,100.00 $ 2,100.00 12x6 Tapping sleeve & valve 2 EA $ 1,600.00 $ 3,200.00 Bore for 6" line 30 LF $ 115.00 $ 3,450.00 12" Gate valve 3 EA $ 1,000.00 $ 3,000.00 6" Gate valve 2 EA $ 425.00 $ 850.00 Std. Fire hydrant 3 EA $ 1,200.00 $ 3,600.00 WATER TOTAL $ 32,200.00 SANITARY SEWER 8" SDR 35 60 LF $ 16.75 $ 1,005.00 Bore for 8" Line 50 LF $ 115.00 $ 5,750.00 SANITARY SEWER TOTAL $ 6,755.00 STORM SEWER 48" RCP CL.III 567 LF $ 80.00 $ 45,360.00 Remove/replace street pavement 12 SY $ 55.00 $ 660.00 STORM SEWER TOTAL $ 46,020.00 84,975.00 TOTAL R.O.W OF PHASE VI $ MAINTENANCE BOND Bond No. 46BCSAN8148 ~ KNOW ALL MEN BY THESE PRESENTS, thatwe Potter Concrete Co., Inc. 4820 Gretna as PrincipaL.and Hartford Fire Insurance ComDa,n~' Oa~l~as"' TX 75207 corporation, as Surety, are held and firmly bound unto City of Coppell, Texas as Obligee, in the full and just sum of Three Thousand Seven Hundred Fifty & no/lO0 ....... Dollars(S3,750.00 ), for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administra- tors, successors and assigns, jointly and severally, firmly by the~ presents. WHEREAS, the said Principal entered into a contract with Hi 11 & Wi 1 ki nson dated May 12, 2000 for approaches at Freenort 6, 601 S. Royal, Coopell, TX 75019. WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of two (2) year(s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period, and WHEREAS, the said contract has been completed, and was approved on Seotember 28, 2000 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, thatifw[thin two year(s) from the date of approval of the said contract, the work done under the terms of said contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said contract, or it sha~l appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. Signed and sealed this 28th day of September ,Xt~.2000 Witness: Principal HARTFORD FIRE INSURANCE COMPANY Mi cne/e uegn6n ~/A.orn.v-i - BDR.2308 ED. 7-71 dARTFORD FIRE INSURANCE Ct.,,dPANY Hartford,Connecticut ~ ~ POWER OF ATTORNEY Know all men by those Presents, That HARTFORD FIRE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hadfcrd, State of Connecticut, does hereby make, constitute and appoint JOHN FULKERSON, DONNIE DOAN, KAE GIBBONS, MICHELE DEGNON AND TOM ELLIS OF DALLAS, TEXAS its true and lawful Alfomey(s)-in-Fact, with full power and authority to each of said Attomey(s)-in-Fact, in their separate capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or pdvata trust; guaranteeing the performance of contracts other than insurance policies; guaranteeing the pen~ormance of insurance contracts where surety bonds are accepted by states and municipalities; and executing or guaranteeing bonds and undertakings required or permitted in a~l actions or proceedings or by law allowed, in UNLIMITED and to bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attomey(s)-in-Fact may do in pursuance hereof This Power of Attorney is granted under and by authority of the By-Laws of HARTFORD FIRE INSURANCE COMPANY, ('the Company') as amended by the Board of Directors at a meeting duly called and herd on July 9, 1997, as follows: ARTICLE IV SECTION 7. The President or any Vice President or Assistant Vice-President, acting with any Secretary or Assistant Secretary shall have power and authority to s~gn and execute and attach the seal of the Company to bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and such instruments so signed and executed, with or without the common seal, shall be valid and binding upon the Company SECTION 8 .The President or any Vice-President or any Assistant Vice President actingwith any Secretary or Assistant Secretary, shstl have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more resident Vice Presidents, resident Assistant Secretaries and Attorneys-in-Fact and at any time to remove any such resident Vice-President, resident Assistant Secretary, or Attorney-in-Fact, and revoke the power and authority given to him. Resolved, that the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto tiy facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so execoted and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached In Wltneas Whereof, HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by itsAssistant Vice-President and its corporate seal to be hereto affixe& duly attested by its Secretary, this 17th day of September, 1997. Paul A. Bergenholtz, Assistant Secretary HARTFORD FIRE INSURANCE COMPANY Robert L, Post, Assistant Vice President STATE OF CONNECTICUT COUNTY OF HARTFORD On this 17th day of September, A.D. 1997, before me personally came Robert L. Post, to me known, who being by me duly sworn, did depose and say: that he residesin the County ol Hartford, State of ConnectJcut; that he is the Assistant Vice-President of HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order, STATE OF CONNECTICUT ~. SS. COUNTY OF HARTFORD .lean H. Wozniak Notary Public My Commission Expires June 30, 2004 CERTIFICATE I, the undersigned, Secretary of HARTFORD FIRE iNSURANCE COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that Adicle IV, Sections 7 and 8 of the By-Laws of HARTFORD FIRE INSURANCE COMPANY, set Dated the 2 8 th day of September, 2000 J. Dennis Lane, Assistant Vice President fodh in the Power of Attorney, are now in force. Signed and sealed at the City of Hartford, Richard L Marshall, Jr., Assistant Secretary Form S-3507-9 (HF} Printed in U.S.A.