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Gateway BP(1.5)-CS000724July 24, 2000 Mr. Robert E. McCann, Catellus Development Corp. 4545 Fuller Drive Irving, Texas 75038 Gateway Business Park Lot 2R, Block 2 / Advanced Graphics Final Acceptance Dear Mr. McCann: The water, sanitary sewer, paving and drainage facilities in the above referenced addition were inspected during construction by the City of Coppell Engineering Department and were installed according to the plans and our specifications governing such work. As of the above date, these facilities are accepted subject to the two year maintenance agreement. Thank you for your cooperation during this construction and if I can be of further service, please contact me at 972-304-3685. Sincerely, Construction Inspector CC: Mike Martin, Assistant City Engineer Debi Ingram, Engineering Secretary Glenn Hollowell, Director of Public Works Greg Jones, Chief Building Official Travis Cramp, Fire Marshal Pacific Builders/FAX 214/358-0211 Halff Associates, Inc. (fax: 214-739-0095) 2.55 PARKWAY dr P.O.BOX 478 'JrCOPPELL TX 75019 dr TEL 972/462 0022 dr FAX 972/304 3673 MAINTENANCE BOND Bond No. MNT8174061 KNOW ALL MEN BY THESE PRESENTS, That we, Pacific Builders, Inc. (hereinafter called the "Principal") as Principal, and the Colonial American Casualty and Surety Company, a corporation duly organized under the laws of the State of Maryland and duly licensed to transact business in the State of Texas (hereinafter called the "Surety"), as Surety are held and firmly bound unto City of Coppell, TX (hereinafter called the "Obligee"), in the sum of Four Thousand and NO/100 ----- ($4,000.00) for the payment of which are well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and sealed this 26th day of June, 20 00. THE CONDITION OF THIS OBLIGATION is such, that WHEREAS, the said Principal has heretofore entered into a contract with Catellus Development Corporation dated January 1, 2000, for drive entries. WHEREAS, the obligee has requested that said work be guaranteed against failure because of defective workmanship or material, performed or furnished by said principal for a period of 2 (two) years from date of completion and acceptance, normal wear and tear excepted. NOW THEREFORE, if the said Principal shall indemnify and save harmless the obligee against loss or damage occasioned directly by the failure of said materials or workmanship, then this obligation to be void, otherwise to remain in full force and effect. It is understood, however, that this bond shall not include loss or damage by failure of workmanship or materials due to hurricane, cyclone, tornado, earthquake, volcanic eruption or any similar disturbance of nature, nor military, navel or usurped power, insurrection, riot or civil commotion, nor any act of God. It is further understood and agreed that the total liability of the surety under this bond shall in no event exceed the sum of Four Thousand and NOI100-- -- Do liars. No right of action shall accrue upon or by reason of this obligation, to or for the use or benefit of any person, firm or corporation, other than the obligee herein named. Pacific Builders, Inc. Principal Colonial American Casualty and Surety Company Surety Jowana Bryant Attorney-in-Fact 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 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 Companies may require, or to authorize any person or persons to execute on behalf of the Companies 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 Companies thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the original Power of Attorney of which the foregoing is a full, true 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 affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 26th day of June 2000 ~ssistant Secretary 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 thc 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 Section 2, of the By-Laws of said Companies, which are set f in full force and effect on the date hereof, does hereby Mullis, Jr., Elnora Cruthis, Dee Stone, R. Don Huts! lawful agent and Attorney-in-Fact, to make, deed: any and all bonds and Community Guardians; and the execution of~ binding upon said Companies, as fully and acknowledged by the regularly elected persons. This power of attorney Elnora Cruthis, Douglas Moore. The said Assistant Secretary does Article VI, Section 2, of the IN WITNESS WHEREOF, the affixed the Corporate Seals AMERICAN CASUALTY AND ATTEST: T.C. Johnson State ofMaryland ~ss: County of Harford -- of authority granted by Article VI, hereof and are hereby certified to be appoint Derrell C. Dodson, Sam J. all of Dallas, Texas, EACH its true and on its behalf as surety, and as its act and Independent Executors, Community Survivors in pursuance of these presents, shall be as purposes, as if they had been duly executed and at their offices in Baltimore, Md., in their own proper Sheila M. Young, Sam J. Mullis, Jr., and R. Don Hurst, dated January 14, 2000. extract set forth on the reverse side hereof is a true copy of and is now in force. and Assistant Secretary have hereunto subscribed their names and DEPOSIT COMPANY OF MARYLAND, and the COLONIAL this 28th day of January, A.D. 2000. DEPOSIT COMPANY OF MARYLAND Assistant Secretary I~ L. Borleis Vice-President AL AMERICAN CASUALTY AND SURETY COMPANY By: Assistant Secretary F. L. Borleis V~e-President On this 28th day of January, A.D. 2000, before the subscriber, a Notary Public of. the State of Maryland, duly colranissioned 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 insmunent, 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. Trombe~ti / Notary Public My Commission Expires: October 9, 2002 L1428-168-0184 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 thc 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-Prasidents, 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 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 Companies may require, or to authorize any person or persons to execute on behalf of the Companies 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 afl-tx the seals of the Companies thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the original Power of Attorney of which the foregoing is a full, true 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 26th dayof June , 2000 ~ssistant Secretary MAINTENANCE BOND Bond No. MNTS173641 KNOWALL MEN BYTHESE PRESENTS, Thatwe, Barson Utilities, Inc. (hereinafter called the "Principal") as Principal, and the Fidelity and Deposit Company of Maryland , a corporation duly organized under the laws of the State of Maryland and duly licensed to transact business in the State of Texas (hereinafter called the 'Surety'), as Surety are held and firmly bound unto City of Coppell (hereinafter called the"Obligee"), in the sum of Seventeen Thousand, Six Hundred Forty-Nine and 13/100 ..... ~ ....... ($ 17 ~ 649.13 ) for the payment of which are well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and sealed this Sth day of June ,20 oo THE CONDITION OF THIS OBLIGATION is such, that WHEREAS, the said Principal has heretofore entered into a contract with Advanced Graphics dated February 21, 2000 , for Gateway Blvd. & Exchange WHEREAS, the obligee has requested that said work be guaranteed against failure because of defective workmanship or material, performed or furnished by said principal for a period of two years from date of completion and acceptance, normal wear and tear excepted. NOW THEREFORE, if the said Principal shall indemnify and save harmless the obligee against loss or damage occasioned directly by the failure of said materials or workmanship, then this obligation to be void, otherwise to remain in full force and effect. It is understood, however, that this bond shall not include loss or damage by failure of workmanship or materials due to hurricane, cyclone, tomado, earthquake, volcanic eruption or any similar disturbance of nature, nor military, naval or usurped power, insurrection, riot or civil commotion, nor any act of God. It is further understood and agreed that the total liability of the surety under this bond shall in no event exceed thesumof Seventeen Thousand, Six Hundred Forty-Nine and 13/100 ..... Dollars. No right of action shall accrue upon or by reason of this obligation, to or for the use or benefit of any person, firm or corporation, other than the obligee herein named. Barson Utilities, Inc. Principal Fidelity and Deposit Company of Maryland Surety Elnora Cruthis 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 Section 2, of the By-Laws of said Companies, which are set t in full rome and effect on the date hereof, does hereby Mullis, Jr., Elnora Cruthis, Dee Stone, R. Don lawful agent and Attorney-in-Fact, to make, execute, deed: any and all bonds and nndertakings and Community Guardians; and the execution of binding upon said Companies, as fully and all acknowledged by the regularly elected persons. This power of attorney revokes Elnora Cmthis, Douglas Moore, Dee : J. The said Assistant Secretary does certify Article VI, Section 2, of the IN WITNESS WHEREOF, the said affixed the Corporate Seals AMERICAN CASUALTY AND ATTEST: 7q C. Johnson State of Maryland ~ ss: County ofHarford" in of authority granted by Article VI, hereof and are hereby certified to be appoint Derrell C. Dodson, Sam J. all of Dallas, Texas, EACH its lrue and its behalf as surety, and as its act and Independent Executors, Community Survivors pursuance of these presents, shall be as as if they had been duly executed and at their offices in Baltimore, Md., in their own proper C. Dodson,Sheila M. Young, Sam J. Mullis, Jr., and R. Don Hurst, dated January 14, 2000. extract set forth on the reverse side hereof is a tree copy of and is now in force. Assistant Secretary have hereunto subscribed their names and D AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL this 28th day of January, A.D. 2000. DEPOSIT COMPANY OF MARYLAND Assistant Secretary F. L. Borleis Vice-President ILONIAL AMERICAN CASUALTY AND SURETY COMPANY By: Assistant Secretary F. L Borleis Vice-President On this 28th day of January, 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 insmunent are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly afl[xed 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 afl'reed my Official Seal the day and year first above written. Pa'tricia A. Trombetti / Notary Public My Commission Expires: October 9, 2002 L1428-168-0184 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 instxuments 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 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 Companies may require, or to authorize any person or persons to execute on behalf of the Companies 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 Companies thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the original Power of Attorney of which the foregoing is a full, true 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 aWtxed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 8th day of June v 2000 ,4ssistant Secretary BARSON UTILITIES, INC. 1802 SPANN ST · DALLAS, TX 75203 · 214-941-9700/FAX 214-941-8533 2/18/00 Pacific Builders 3860 W. Northwest HWY., Ste. 205 Dallas, TX 75220 214-358-4400 fax 214-358-4205 ATTN: Mr. Brad Jamieson RE: Advanced Graphics-Gateway Blvd. and Exchange, CoppelI,TX WATER (public) ITEM DESCRIPTION I QTY M/S UNIT TOTAL TOTAL 12 IN X 8IN TAP 1 EA $1,290.00 $1,290.00 16 IN X 8IN TAP 1 EA $2,160.00 $2,160.00 8 IN PVC 155 LF $15.75 $2,441.25 8 1N GATE VALVES 2 EA $595.00 $1,190.00 VAULTS 2 EA $4,550.00 $9,100.00 iN STALL DC 2 EA $1,500.00 $3,000.00 HATCHES 2 EA $1,000.00 $2,000.00 2IN SERVICE ASSEMBLY 2 EA $1,950.00 $3,900.00 2IN BACKFLOW 2 EA $635.00 $1,270.00 METER BOXES 4 EA $150.00 $600.00 TESTS 2 EA $500.00 $1,000.00 BORE FOR WATER 45 LF $50.00 $2,250.00 TOTAL WATER $30,301.25 SANITARY SEWER (public) ITEM DESCRIPTION QTY M/S UNIT TOTAL TOTAL I TIE TO EXISTING 1 EA $500.00 $500.00 WASTE WATER ACCESS DEVICE 1 EA $1,250.00 $1,250.00 TOTAL SEWER $1,750.00 DRAINAGE AND STORM SEWER (public) ITEM DESCRIPTION QTY MIS UNIT TOTAL TOTAL TIE TO EXISTING STUBOUT 3 EA $250.00 $750.00 EXISTING RCP WYE CONNECTION 1 EA $350.00 $~.00 -TIE TO EXISTING INLET 2 EA $500.00 $1,000.00 181N RCP CLASS III 30 LF $32.50 $975.00 211N RCP CLASS Ill 5 LF $34.40 $172.00 TOTAL STORM $3,247.00