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Latter-day-CS 960129Coppell, Texas 75019 P.O. Box 478 Coppell, Texas 75019 214-462-0022 January 29, 1996 W.B. Kibler Construction, Inc. 9722 Abernathy Dallas, Texas 75220 FAX 956-2473 Jesus Christ of Latter Day Saints Final Acceptance Dear Sir: 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. Sincerely, La~~ Construction Inspector CC: Kenneth M. Griffin, P.E., Asst. City Manager/City Engineer Howard Pafford, Utilities Superintendent Per Birdsall, Interim Street Superintendent Greg Jones, Chief Building Official Jeff Jones, Fire Marshal Doug Stevens, Engineering Technician Steve Ramsey, Project Manager / FAX 358-2533 Dowdey Anderson file/ldavis/0finalac, ltr Companies FIDELITY AND DEPOSIT COMPAI~]~Y OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICES: P.O. BOX 1227, BALTIMORE, MD. 21203 License and/or Permit Bond BOND NUMBER: 30524480-T KNOW ALL MEN BY THESE PRESENTS: That we,___~.:__B_:__K_.I_ _B_L_[.R__C__0_.~I_S_T__R__tJ_.C_T_.I..0..N___~Q_:_~_~_~.~ .............................................................................. as Principal, and ....... COLQNIAL AMERICAN CASUALTY AND SURETY COMPANY incorporated under the laws of the State of Maryland, with principal office P.O. Box 1227, Baltimore, Maryland 21203, as Surety, are held and firmly bound unto ...... _C___I_-[_Y____0_[___C__0_P.P._E__~-_.L__,____T_.E_X../3___S. ........................................................................................................... as Obligee, in penal sum of_ ......... $2-r500-.-00 ......................................................................................................................... Dollars, law~l money of the United States, for ..vhich payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. WHEREAS, the above bounden Principal has obtained or is about to obtain from the said Obligee a license or permit for ................. .P_~_!.N_~___B_O_~.D_ .................................................................................................................................. ....................................................................................................... ; and the term of said license or permit is as indicated opposite the block checked below: ~ Beginning the ...... 2_9_'1'~ ............................. day of_ ...... _$..U.~.U_._S__T_ ........................ 19...9.~, and ending the .......... 2~_'[~ ............................... day of______.~_U_~._U__S__'C.. .............................. 19...9..6_. [] Continuous, beginning the ...................................... day of ...................................... 19 ....... WHEREAS , the Principal is required by law to file with ............ __C..I..T___Y__._0_?.__C__0__P_.P__.E__I_..L._,~.___T..E..X...~__S .............................. a bond for the above indicated term and conditioned as hereinafter set forth. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bounden Principal as such licensee or permittee shall indemnify said Obligee against all loss, costs, expenses or damage to it caused by said Principal's non-compliance with or breach of any laws, statutes, ordinances, rules or regulations pertaining to such license or permit issued to the Principal, which said breach or non-compliance shall occur during the term of this bond, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, that if this bond is for a fixed term, it may be continued by Certificate executed by the Surety hereon; and PROVIDED FURTHER, that regardless of the number of years this bnnd shall continue or be continued in force and of the number of premiums that shall be payable or paid the Surety shall not be liable hereunder for a larger amount, in the aggregate, than the amount of this bond, and PROVIDED FURTHER, that if this is a continuous bond and the Surety shall so elect, this bond may be cancelled by the Surety as to subsequent liability by giving thirty (30) days notice in writing to said Obligee. Signed, sealed and dated the ..................... __2__9_~_ ........................... day of_ ........ _~..U.~_~ ................................... 19_._9_~ W. B. KI ~3LEfi/J20NST%~ION ~0., I NC. (SEAL) ~ FIDELITY AND DEPOSIT COMPANY OF~/I~RYLAND - . ! ~ COLONIAL AMERICAN CASB;_A__~_~~O.__M_~N.,._y_Z~]____~__ _L:- THOMAS O. MOSBY,CPCU Attorney-i,-r/~t POWER OF ATTORNEY KNOW AIL MEN BY THESE PRE£ENFS That the FIDELITY AND DEPOSIT COMPANY OF M,\RYLAND. and the COLONL\L AMERICAN C\sl :1 1'~ %".D SI RETY COMP.\N'~. corporations of the State of Maryland. by C. iq, PECOT, JR. . Vice-President. and C. W. ROBBINS . ~,ssistanl Secretary. in pursuance of authority granted by Article VI, Section 2 of FIDELITY ~ND DEposIT CoMp,ANy'oF COLONIAL AM~RICAI~ C~gO~,LTY:*A'ND HOME OFFICES: BALTIMORE. MD, 21203 thc re',pecti~c B.s-Laws of said Contpanics, v, htch are set forth on ti and afl,ct tm the date hereof, do hcrcb~ nominate, constitute Rezmerski, both of DaLlas, Texas, EAGt the true and lawful agent and Attorney-tn-Fact of each as its act and deed: any and all bonds ant the sum of ONE HUNDRED THOUSAND D Independent Executors, Communit, ,And tlc execution of such bonds or undertakino_s and amply, to all intents and purposes, as it' t been d~ the respective Companies at their offices Md revokes that issued on ~f Th IN '~'[TNESS WHEREOF, the said V{Nqk-Nl~esidents the Corporate Seals of the said FIDELITY AND SLtRETY COMPANY this ] St ATTEST: ® 'and are hercb.,, certitied to be in lhll lbrce . Mosby and Donald P. deliver, for. and on its behalf as surety, and each in a penalty not to ~-xceed )...EXCEPT bonds on behalf of Community Guardians .............. esents, shall be as binding upon said Companies. as fully cured and acknowledged by the regularl.', elected officers of air own proper persons. This power of at torney Hosby, etal, dated September 5, 1990. ~istant Secretaries have hereunto subscribed their names and affixed OF MARYLAND and the COLONIAL AMERICAN CASUALT'~ AND day of_ ................. _J. _a_ _q k! _a_ _ _r_ y_ ........................ A.D. 19_9__2__ AND DEPOSIT COMPANY~ MAROAND ,4~sistant Secretar?; ce-President COLONIAL AMERICAN CASUALTY AND~};RETY 0OMPANY ........ -~- --- ~--,~j.~ t~, ~t~ .......... By ......... _.~.~_~~ SS: STATE OF MARYLAND CITY OF BALTIMORE On this I S t day of January . A.D. 1992 . belbre the subscriber, a Notary Public of the State of Maryland. in and Ii)r the City of Baltimore, duly commissioned and qualified, came the above-named Vice-Presidents and Assistant Secretaries 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 herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each tbr 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. ~' ............. 'ff~-7~J~"Pubiic CAROL J. FADER My commission expires ..... A.ugus_I:___l_,___]_9_92 .............. CERTIFICATE I. the under,igned Assistant Secretary. of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY do hereby certii~ that the original Power of Attorney of which the foregoing is a full. true and correct copy. is in full Ibrce and effect on the date of this certificate: and I do further certify that the Vice-Presidents who executed the said Power of Attorney were Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2 of the respecti,.e B> -La'o,,, of thc FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'and ti~ COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Thb, certificate may be signed by facsimile under and by authority t)f resolutions of the Board of Director* of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a mcenng duly called and held on the 16th day of July. 1969 and of the B~ ard ol Directors of thc COLONIAL AMER1CAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of December. 1901. RESOLVED "That thc facsimile or mcchanicalt5 reproduced ,ignature of any Assistant Secretary of the Compan.,.. v, hether made berctoforc or hereafter, v. hene,,cr appearing upon a certified cop? of any po'~er of attorney issued by thc Company, shall be ~.alid and binding upon thc Com- [,4n? ~.ith :he same three and effect as though manually affixed." IN TESTIMONY WHEREOF. I hw.e hereunto subscribed my name and affixed the corporate seals of the said Companies. this 168-0439 · MAINTENANCE BOND '-~:~- ~! ;' - ' ~ "' ...."; ~ :'~ ~ .... 'e~':~:z';: Bond No. 30707526 KNOW ALL MEN BY TI IESE PRESHNTS, Thatwe, ~. B. K2b~er Gons~ruc~2on Co.~ Inc. (hereinafter called the "Principal") as Principal, and the ~dg3~_ and Deposit Company of Harykand ,of the CSry of Balt~mor~corporationduly organized under the laws of the State of Harylan~d duly licensed to transact business in the State of Texas (hereinafter called the "Surety"), as Surety are held and firmly bound unto Cit~of Coppell, TX Thirteen Thousand, Five Hundred (hcreina[tcrcallcdthe"Obligee"),iulhesumo[ Twenty-Five and No/100 .... ($ 13,525.00 ) for Iht payment of ~vhicl~ are well and truly to be made, ~ve, Ihe said Principal and the said Surety, bind ourselves, our heirs, executors, admiuis,alors, snccessors and assigns, jointly and severally, firmly by these presents. Signed and sealed this ...27..t.k .... day of .... D.e.c-.emb.e.r ............... 19 ......o.5.. TIIE CONDITION OF THIS OBLIGATION is such, that Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-Day WtlEREAS, tile said Principal has hereto[ore entered into a contract with mid~l~tigr~e dated July 1 8 Sain,t s 19.__9~,for___~gj2_pell Ward Lewisville Texas Stake WHEREAS, tim obligec 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 accept- ance, normal wear aud tear excepted. NOW TI IF3~, EFORE, if tile said Principal shall indenmify and save harmless tile obligce against loss or damage occasioned tli~ eclly by the failure of said materials or worknmnship, then this obligation to be void, otherxvise to renmiu itl full fo~ cc and effect. It is nnderstood, however, that this bond shall not include loss or damage by faihu'e of workmanship or materials dne lo hmricane, cyclone, Iornado, earthquake, volcanic eruption or any similar disturbance of nature, nor military, uaval or usurped poxver, insurreclion, 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 tile sumof Thirteen Thousand, Five Hundred Twenty-Five and No/100($13,525.00Dollars. 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 co~ poration, other than the obligee herein named. W. B. Kibler~ Constructfion Co., Inc. By: Fidelity and Deposit Company of Maryland Surety By: Elnora Cruthis Attorney-in-Fact Compani~ FIDELITY ,,xND DEPOSIT COMPANY OF MA~x ~ LAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY 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 STEWART R. DUKE , Vice-President, and MARY JEANNE ANDERSON , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute and apgoint Derrell~ C. Dodson, Sam J. Mullis, Jr., Fred C. Wald, Jr., Elnora Cruthis, Sh~i'i~/ Mesqu~t~and Douglas Moore, all of Dallas, Texas EACH ............... · ...... ~ ....... ~ ....... an the true and iawfal a~ent ana Attorney-tn-tact ot each, to malce~Ne~, te, seal ~...j~ver, tot, anti on tts bel,air as surety, as its actanddaed: any and all bonds and unde~t.~ings.,.~PT bonds on behalf of Independent Executors, Community Survivors and Co~ty G~,~ans .......................... . ...... And me execution of such bonds or undertakings in purs~'~of these ~xx~., shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had~t~'~uly enid acknowledged by the regularly elected officers of the respective Companies at their offices in Balti.n~...~/~ld., in th~¥~ proper persons. This power of attorney revokes that issued on behalf 6'f!:~I~'~rrelL?zJ~yDodson, etal, dated Aguust 26, 1992. IN WITNESS WHEREOF, the said Vice-?~.t!~dent and ?~t Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDEL~(~'-~[~ DEPOSITd~"~ANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY this ................ ~.1;~-~---- .......... ~--/~-'~,~' ...... day of. ........ _Ai~gkl.~g ............................... A.D. 19.9_~_ ¢OLO ............ ...... .............. ~ ~sistantSecretary Vice-P e$ident STATE OF MARYLAND {SS: COUNTY OF BALTIMORE On this.___O_~.h...__._day of_ ...... Akl. g!,L.q.F,. .................... A.D. 19~.~_, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came.._S___T.~_-R--T-__--R_-,...~-!J-l~ ....... Vice-President and.gX~.~.__~[~I~'..,&~IDER'q01~ssistant 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 herein 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 instmmant 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 y~rittan. My commission expires_._...A.~g.u..~_[_.-1-.~.-.-1--9--?-6- .............. CERTIFICATE L 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 ~ull 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 certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 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 December, 1991. RESOLVED: '~That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Com- pany with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the cor~rate seals of the said Companies, this__2.Z.t.h_._day of .......D.e_c omhe.r_ ................. 19._9.5 ( '~ (] I ................ .................. [~0~x~ -168-0186 / I ~ ~ ~ssistant Secreta~