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Gateway BP(1.2)-CS 970418The City With A Beautiful Future P.O. Box 478 Coppell, Texas 75019 214-462-0022 April 18, 1997 Jim Riley, P.E. Brockette, Davis, Drake, Inc. 4144 North Central Expressway, Suite 1100 Dallas, TX 75204 Gateway Business Park Block 1 / Fritz Warehouse Final Acceptance Dear Mr. Riley: A final inspection of paving and utilities for the referenced project has been confu-med 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. Construction Inspector CC: Ken Griffin, P.E., Dh'. of Engineering & Public Works Matt Cast, Supt. of Public Services Greg Jones, Chief Building Official Travis Crump, Fire Marshal Doug Stevens, Engineering Technician Calhar Construction / FAX 214/235-6377 Haws & Tingle / FAX 817/870-9975 file/ldavis/fritz.fin BOND NO.: 1327213 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Calhar Construction. Inc as Principal, and Amwest Surety_ Insurance Company as Surety, are held and firmly bound unto Ci.ty of Co_ _opell. 255 Parkwa_v Blvd.. Co_ _opeH. TX 75019 Obligee, in the full and just sum ofTwen .ty Eight Thousand Five Hundred Thirty Five & No/100 ~), lawful money of The United States for the payment whereof, well and truly to be made, the Principal and Surety' bind themselves: the.ir heirs, ex~utors, administrators, successors and assigns, jointly and severally, fu-mly by these presents. WHEREAS, the Principal has entered into a written contract dated 05/13/96 with Catellus Development Corporation for Utilities for Fritz Office/Warehouse/Distribution Facility. and WHEREAS, Obligee provides that the Principal will furnish a bond conditioned to guarantee for the period of ~ 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 6th Day ot g2tlll:lla~, 19~7 l~alhar Construction. Inc. By:(Principai)~ ~ (Witness) (Witness) Amwest Surety_ Insurance Company (Sur;~) ,//~.. ~ Michael B. Hill, Attorney-In-Fact 0000653790 READ CARd?FULL Y This document is printed on white paper containing thc artificial watermarked logo (~) of Amwest Surety Insurance Company (the "Company") on thc front and brown security paper on thc beck. Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of California and is only valid until the expiration date. Thc Company shall not be liable on any limited POA which is fraudulently produced, forged or otherwise dis~buted without the permission of thc Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at KNOW ALL BY THESE PRESENT, that Amwcst Surety Insurance Company, a Nebraska corporation (thc "Company"), does hereby make, constitute and appoint: SUZANNE C. BALDWIN MICHAEL B. HILL WILLIAM D. BALDWIN CINDY FOWLER W. T. RAGSDALE DON EDWIN SMITH RAY WATSON AS EMPLOYEES OF BALDWIN INS AND BONDING AGENCY its true and lawful Attorney-in-fact, with limited power and authoi'ity for and on behalf of the thereto ifa seal is required on bonds, undertakings, recognizances, thc nature thereof as follow: Llceme & Permit Bonds up to $****'50,000.00 Mbcellaneom Bonds up to S****'25,000.00 Small Businesa Adminim'atton Gumrameed Bonds up to S***'250,000.00 Bid Bonds up to $*'1,000,004).00 Contract (Performance & Payment), Court, Subdivision $*'2,500,000.00 and to bind the company thereby. now in full force and effect. I, the undersigned secretary of Amwest Surety Insurance Company, force and effect and has not been revoked and furthermore provisions ofthe By-Laws of the Company, are now in full Bond No. 1327213 Signed & sealed thi: This POA is signed and sealed by Company at a meeting duly held on December 1975: RE3OLVED, that thc President or an, authority a: of thc Company to bonds, undertakin revoke any POA (i) when signed b) (ii) when signed by the President or Power of Attorney remains in full on this Power of Attorney, and that the relevant Karen G. Cohen, Secretary )IRECTORS · · · · · · · · ~' ~' · , the Board of Directors of Amwest Surety Insurance ' Assistant Secretary, may appoint attorneys-in-fact or agents with for and on behalf of the Company, to execute and deliver and affix the seal of all kinds; and said officers may remove any such attorney-in-fact or agent and obligation shall be valid and bind upon the Company: (ifa seal be required) by any Secretary or Assistant Secretary; or or Assistant Secretary, and countersigned and sealed (ifa seal be required) by a duly (iii) when duly ~one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney ompany to ~erson or persons. RESOLVED FURTHER, that thc s of any authorized officer and thc seal of thc Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and del V 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 has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 14th day of December, 1995.~ ~ John E. Savage, Karen G. Cohen, Secretary State of California County of Los Angeles On December 14, 1995 before me, Peggy B. Lotion Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me on the basis of sedsfactory 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) in en · n o ent' n h of which the person(s) acted, executed the instrument. ....... ,-e i ! ~,~a/~_~ ?~\~i Velar, yin. LoRon, Nota~ Pub~l ' ~' Dt:C '!4, ~ ~ ~ n - T~." \ 1995 /0g _ ..,,,,,,- ,,,...-,,,,,,,. -, ..... HBUI6 TlflgLB GENERAL CONTRACTORS, INC. February 17, 1997 City of Coppell P. O. Box 478 Coppell, Tx 75019-4409 Attn: Larry Davis Dear Larry: Here is the two year maintenance bond for the approaches at The Fritz Companies Warehouse, 660 Cotton Road as requested. This should satisfy the City of Coppell's requests, with the exception of the as-builts locating all valves, taps and meters. These as-builts are forthcoming upon receipt. Please contact me if there is anything else required by the City. Sincer,~ly, ~aC~t~(~ec~Manager BOND #TBD-0f-'~067 Mid-Continent Group lviID-CONTINENT CASUALTY ' M/D-CONTINENT INSURANCE · OKLA/-IOlVlA SURETY KNOW ALI MEN BY THESE PRESENTS, that we HAWS & TINGLE GENERAL CONTRACTORS, INC., 650 W. VICKERY BLVD., FORT WORTH, TEXAS 76104 as Principal, ,and MID-CON~I'IN224-T CASUALTY, AN OKIAHCI~ corporation, as Surety, are held and firmly bound unto CITY OF COPPELL, 255 'PARKWAY BLVD., COPPELL, TEXAS 75019 as Obligee, in the full and just sum of TEN THOUSAND, TWO HUNDRED TWENTY-FIVE AND NO/100 ......................... Doll~frs ($ 10,225.00 ), 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 these presents. WHEREAS, the said Principal entered into a contract with CATELLUS DEVELOPMENT CORP. dated MAY 13, 1996 for APPROACHES FOR FRITZ COMPANIES DISTRIBUTION FACILITY. 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 ail defects in workmanship and materials which may become apparent during said pericd, and WHEREAS, the said contract has been completed, and was aoproved on NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if withirTWO(2)year(s) from the date of approval of the said contract, the work done under the terms of said contract snail disclose poor workmanship in the execution of said work, and the carrying out of the terms of said contract, or it shall acpear that defective materials were furnished thereunder, then this obligation shal~ll force and virtue, otherwise this instrument shall be void. NT ASUALTY. CO]' ~ANY,~ ~ ~ ~n= ~ ~-, ~-~: xhat m~ ~o~ ~su~ ~~, a ~o~on or pfi~i~ o~ in &e ci~ of~l~, O~o~, ~t to on M~h 13&, 1~7, t~wit: "A~cl~ ~, ~ion 7. -- ~e Ex~ufiv~ exmufing ~ a~esfing ~ ~d u~e~akln~a ~d o~er wrings obligmo~ ~ ~e mm~ ~e~f, one more R~ident ~ ~nt, R~ A~is~t ~re~ ~ A~yg-~Fa~ ~ m ~y time to ~move ~y ~ch ~nt Vi~ ~ident, R~idenl ~ A~o~y-~-F~ ~ m~o~ ~ ~wer~ ~0fi~ given ~. No~ of such ap~M~ ~ ~ Di~m~ of~. ~eCom~yd~y~mm~.~t Kae 6ibbons,:Dennis Dowd, John D~ Fu'l HenrY, and Doyle Hix, indi'vi'dUally.of Dallas,-~exas iu ~e ~d law~ a~mey(s)-in-fam, m :~m, ~ ~d ddiver ~r ~ on im ~f ~ Sum~, ~ ~ im a~ ~d d~, Any ~d ~1 ~n~ ~ uMe~ngs of AM ~e ex~ution of ~ ~s~mem(s) ~ ~ of~e~ p~nm, ~ ~.~ b~ng u~n ~ ~d IN WITNESS WHEREOF, presents ,his 27 th THE 1VHD-CONTINENT CASUALTY COMPANY day of January ATTEST: A n d e r s o n ASSISTANT SECRETARY Todd Bazata ,19 97 VICE PRESIDENT Stare'of Oklahoma in-- Onu~s 27th dayof January ,19 97 beforeme, aNotaryl for,he County of Tulsa, came the individual to me personally known to. be`he officer described in, and ~ and he acknowledged the execution of the same, and being by me duly sworn, said that he is`he MID-CONTINENT CASUALTY COMPANY aforesaid, and that the seal affixed to ,he preceding insffUment is 'th~ corporate of said Company, and ,he said corporate seal and his signature as such officer were duly affixed to,he said instrument by ,he au,hority and direction of ,he said C_q_mpany, and that Article IV, Section 7; of,he By-Laws of said Company, referred to in ,he preceding instrument, is now in force. . t, ~T~F";4~..WHEREOF, i have hereunto set my hand and afft/a:d my official seal at `he City of Tulsa, `he day and year first ahove · "' '.~ .?;Z~' 2"~ '~ ~ ~,'W~.m -,--~ ~. / I ~ · , ·, c.,, ,-~..~. ,..,..-, .,. f I ~ '~, ~ · , "-",. ~ ; ::" · , ,,;...- S~ " ,%' · - ' · , ..... '~-~: ' .' - '%; ~.,.--,.. ....... .,.,,~ .~ II"X.,41 ~' / \--"--%g,e ~ x ,.;:,:, ~, ..........:.,., /t' Mele/nie K~Ad~ms ) _,,~otaryPublic ',,w;~,',~" I ' J / .,,'"T. .... I, S a r a A n d e r s o n Assistant S~retary of MID-CONTmENTI,¢ASUALTY COMPANY do ber~ ~nify that tr~ torego- ing extracts of`he By-Laws and of a Resolution of the Board of Directors of this corporation, and~ a Power of Attorney issued pursuant `hereto, are truc and correct, and that be`h thc By-Laws, `he Resolution and `he Power of Attorn~ arc still in full force and effect. - IN WITNESS I~'rIEREOF, I have hereunto set my hand and affixed the faCSimile s . ~-~ : ~ ~ ,~.~z~ .~,~; 7~, ~ 5ara Anaerson :'.