Loading...
MacPlaza1 City-CS 961116 ~~~~~ The City With A Beautiful Future November 16, 1996 Mr. Robert Hodges HCB Contractors, Inc. 1700 Pacific Ave., Suite 3800 Dallas, Texas 75201-4619 RE: MacArthur Plaza Addition Blk 1, Lots 2,3,4 & 5 (Fire lane) Final Acceptance Dear Mr. Hodges: P.O. Box 478 Coppell, Texas x'601 g 214-462-0022 The 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, the facilities aze 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, ampbe Construction Inspector cc: Doug Stevens, Engineering Technician ~~CA~ ~, BOND p(,q.7.~ Bond No. 71SB101079781 ~1.~. C~1z1YE pPPiRO~cu ? ~ KNOW ALL M$N BY '1t~SE P~SErrrRt 'THAT xcB_ o~ rectors 1700 Pacific AvenueLSuite 38^ 0~ D~llas~, Tex, asy20,~1-461!_ t: ~1Clptt, itld The~Aetna Casualty d~Sur~ Comte y~of America , ~C01Qofl[~OROl~arftZldUII~lTtE10 lawn 0! Co nne c t i,c,~u t _,_,_,~ , ~! sutotiCi, d0 hereby expressly ukn,owtedje theatselvq to be bald and bound to pay unto the cit~of copper ~ . ~ Munislpal Corporation, Toxas, tau rum a! Fourteen Thousand, One Hundred Fift Nine---------------------- Dolitr~l and oo------------------ nt' (~ i a , i ~9 . oo------=---) ,for tho paytaern of which sum will and truly be made unw Bald acrd ics sgccossotr, said pzinc}pal and sureties do hereby bind thetosetvet, their atslgc<: and sucerssors jointly :sd severa1111-. TH[S obligation ie cosditioaed; howevet, that vrherets. the said HCB Contractors has trill day entciod ittt0 a Wtitt~II COpttaCt with die said _~ City of Coup~i_ 1_____~, ib build aryl Cotl9ttuCt Brick Pavers, Decelleration Lane & Sidewalks ahicll contract and the pinto and apecilfcatioas tbcseitt trbentioned, adopted by tae c i c~- o f Copp a 11 _ ~ tta hereby exprawly ma0e a pa~tt ther~eot to through the tame ware wtittcn and cr!-bodied t>raeiti. V~HEREAS, Hadar the pleas, speciticAtionr. and cvnttact, it is pmvldod that the Contractor will maintiiri and koep in good repair, the work herein contracted to be dose and performed, fat a period of two (2) yarn from the date of the accepRance of said cork, acid to do all txccs~aty rcpalrs aedlor raonstcustioo in whole or in part of said itnprovenaenta that should he occasioned by uttleroeet of touadttlon, defective aorl~aans~p or matcrlab l11rnlshcd in the corutnution or say part thereot or any of the teeecsories tlicreto ooasttvcted by rbe Cvnttactot. It bans understood that the purpose of able tecttoe tt to cover atl defective conditions ad:~ by ntsott of defective material ~ told chugs the ~sme ~tgtitut the said Conttadot~ a»d ~uretlcs on thu obligation, and the said Conttacto>' atld sutadei heneoa shall be subject to the llqutdttion duti>ges mentioned In still contact for each day's failure oa its' past to comply with the tetm~ of said provbioaa of raid conttsct. NOQ-, therefore, if the said Cvntrtctor shall kcep and perform it:' raid agrecrnetrt to maltitain said work and keep the lame in repair for the said rpslntcut~ce period of two (~) years, as provided, then thest presents sbsll 6e twU and void, and have not f-uther effect, but ii detiult shall be made by the raid Contractor in tau perfom>snce of iu' contrau m so enaintaSn tad repair slid work, t~ thcsC prefenu shall have fuU force and effect, and uid city of co~~; aha11 1>sve imd tecclve t'rom the said Contractor aid ia' principal tall aunties damages in the prcmises, ss provided; and iz J.~j Connocr Doawne~tj thet this obligation shell be s contiauia~ otu a~einst the principal sand curetiea. k l~rthcr a~teed be and Dad hereon for iurces:lve brincbes until the hereon, and that :ucce~cive reeovez-e: tnay that the oblj~atioa lupin to full srncunt shall have been s~ustod; and it is further understood maianin said work shs-11 continue throu~bouc said msintc+aiaea Period, and tDe satse shall not bs coed, diminished or is aqy maoaer affected from z4Y Gauss Burin: acid time. ~ ~ HCB Contractors ~ ~ WI'TN88S WHEAF,OF. caused these ptesetus to be executed by * eau rheas praaenu to ~ ~ `~ The Aetna Casualty and Sure pct om~an o~fe ~ ~I1l~y is fit bs cx~ewted by its J~ttornay to ~ ~___ 22nd ~' y bas hereunto set his hard the ds Don E. Cornell em , 19 96_• * ,America H" _ ~p , P C)~ ~ I r vvi;~, ~-~neral Partner ~u~~ By. e e~c~c ~~ +,;., }y The Aetna Casualty and Surety Company of HCB~Contract r~ -, --l America ,~ ~~ ~~ > '~ % ~~~~-~ ' B z> `Uw ~. ~ y:_ ~~ Don E. Cornell Lawry nee A. Wi 1 son ~~s; Attorney-in-Fact Title: VY'1'YN16SS: ATTSST. Gam! - ~ ~ '%~'~ c-~ --' " NOTE: Date ~ ~(e1„ru+ann Bo+rd a,arr nor br prior to tau 4~ Contnaet. l-39 ~~~ L~ocrvnENs AETNA CASUALTY & SURETY COMPANY OF AMERICA Hartford, Connecticut 06156 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL MEN BY THESE PRESENTS, THAT AETNA CASUALTY & SURETY COMPANY OF AMERICA, a corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, hsth made, constituted and appointed, and does by these presents make, constitute end appoint Don E. Cornell, Jerry P. Rose, TOIIIl J. Braun, Patty De Martini, Koran Sills or Jim Bayne - - of Dallas, Texa$ ,its true and lawful Attorneys-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within [he United States, or, if the following line be filled in, within the area there designated the following instrument(s): by his sole signature and act, any and all bands, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any and all consents incident thereto and to bind AETNA CASUALTY & SURETY COMPANY OF AMERICA, thereby as sully and to the same extent as it the same were signed by the duly authorized ofrcen of AETNA CASUALTY & SURETY COMPANY OF AMERICA, and all the ads of said Attorneys-in-Fad, pursuant to the authority herein given, ere hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Company which Resolutions are now in full force and effect: VOTED: That each of the following officers: President, Any Executive Vice President, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries, Attorneys-in-Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors may at any time remove any such appointee and revoke [he power and authority given him or her. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (al signed by the President, an Executive Vice President, a Senior Vice President, a Vice President, an Assistant Vice President or by a Resident Vice President, pursuant tothe power prescribed in the certificate ofauthority of such Resident Vice President, and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary, pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary; or Ib) duly executed (under seal, if required) by one or more Attorneys-in-Fact pursuant to the power prescribed in his or her certificate or their certificates of authority. This Power of Attorney and Certificate of Authority is signed end sealed by facsimile under and by authority of the following Standing Resolution voted by the Board o1 Directors of AETNA CASUALTY & SURETY COMPANY OF AMERICA which Resolution is now in full force end effect: VOTED: That the signature of each of the following officers: President, Any Executive Vice President, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries orAttorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which i[ is attached. IN WITNESS WHEREOF, AETNA CASUALTY & SURETY COMPANY OF AMERICA has caused this instrument to be signed by its Viee President, and its corporate seal to be hereto affixed this 26th day of October , 19 95 AETNA CASUALTY & SURETY COMPANY OF AMERICA - By ~ ~lAMt~ T'• ~Y~"~ State of Connecticut l ~F Terry F. Lukow } ss. Hartford Vies President County of Hartford ))) On this 26th day of OCtDbeT , 19 95 ,before me personally came TERRY F. LUKOW to me known, who, being by me duly sworn, did depose and say: that he/sheisVice President of AETNA CASUALTY&SURETyCOMPANYOFAMERICA,thecorpora[iondescribedinandwhich executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; and that he/she executed the said instrument on behalf of the corporation by authority of hislher office under the Standing Resolutions thereof. e twr t. ~ ~ ~~~ OT 9 ~ o ~ a ~ . ~. My commission expires August 31, 199e Notary Public ~e~ `~ ~'~~oso. co Dorothy L. Marti CERTIFICATE I, the undersigned, Assistant Secretary of AETNA CASUALTY & SURETY COMPANY OF AMERCIA, a stock corporation of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in null force and has no[ been revoked; anti furthermore, that the Standing Resolutions of the Board of Directors, as set forth in the Certificate of Authority, are now in force. nn Si/g~n~d~-a,ynd/ Syeya~led at the Home Office~jof the Company, in the City of Hartford, State of Connecticut. Dated this ~l7t ~ day of !V UWlitlrt.rt ,191-A~ bJ~~ ~\; B y ~ ~,• Rose Gansoulin Assistant Secretary S-2A22 17951 MAINTENANCE BOND Bond Number TX-372121600 KNOW ALL MEN BY THESE PRESENTS, That we Cooper Excavation, Inc./C-Con Services,lnc. 11127 Shady Trail, Suite # 108 Dallas, TX 75229 herinaffer referred to as Principal, and Universal Surety of America, a Corporation, hereinaffer referred to as Surety, organized and existing under the laws of the State of Texas and authorized to do business in the state of Texas, are held and firmly bound unto City of Coppell 611 S. MacArthur Coppell, TX hereinaffer referred to as Obligee, in the penal sum of Dollars ($ 6,972.50) lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves our Executors, Administrators, Successors, and Assigns, firmly by these presents. WHEREAS, Contractor has by written agreement dated the ,entered into a contract with obligee for City Garage -Coppell 50% Maintenance Bond-2 years in accordance with the General Conditions, the Drawings and Specifications, which contract is by reference incorporated herein, and made a part hereof, and is referred to as the contract. NOW, THEREFORE, the condition of this obligation is such that if Contractor shall remedy any defects due to faulty materials or workmanship which shall appear within a period of One (1) year(s) from the date of substantial completion of the work provided for in the contract, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, it shall be a condition precedent to any right of recovery hereunder, that in event of any default on the part of the Principal, a written statement of the particular facts showing the date and nature of such default shall be immediately delivered to the Surety by certified mail at its Home Office in Dallas, TX. AND PROVIDED FURTHER, any proceeding, legal or equitable, under this bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within six months from the date of notice of principal default or six months from the last day of the term of this bond, whichever comes first. Signed, sealed and dated this 8 day of November, 1996 ~(~` ~~ ~ ~ ~_t~~~~~f~~ Cooper Ex a ation, Inc./C-Con Services,lnc. ~ ~ ~~ ..~ - _ . I, By: `' ' Signature of Authorized Representative g~ ~ ~~ - ° "- ' ~-°'-~ E[4(~I~~~~I/iI~G --- Wesley Cooper, President `---~-" ~ ~~` Type Name and Title Universal m i By: Jeff L. Bolin, Attorney-in-Fact MMAINT.MRG UNIVERSAL SURETY OF AMERICA P.O. BOX 1068 -Houston, Texas 77251-1068 GENERAL POWER OF ATTORNEY -CERTIFIED COPY Agency Liformaticm GPA# aoololo TX 3721216 00 D & D Surety & Insurance Agency Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas, and having its pricipal office in Houston, Texas, does by these presents make, constitute and appoint Debby Moore Dennis H. Moore Jeff L. Bolin Karen Kubica of Plano and State of Texas its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver Bonds not to exceed $250,000.00 unless such is accompanied by letter of authority signed by the President, Secretary or Executive Vice President of Universal Surety of America. and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do wtthin the stated limitations, and such authority is to continue in force until 9!30/98 Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety of America at a meeting held on the 1 lth day of July, 1984. "Be It Resolved, that the President, and any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company." "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimilie to any power of attorney of the corporation, and that such printed facsimilie signature and seal shall be valid and binding upon the corporation." In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President, John Knox, Jr. and its corporate seal to be hereto afl3xed this 15th day of Aprll, A.D., 1995. ,,,~~~~~~~~~~~-~- UNIVERSAL SURETY OF AMERICA State of Texas _; ,~ o, ,,; ss; 3° •., ,c~uc :;" Jo nox, Jr. President County of Harris '~3 "'A "~ ~,'' ~,~I11IIx~~NNN~ On this 15th day of April, in the year 1995, before me, Rhonda K. Wilke, a notary public, personally appeared John Knox, Jr., personally known to me to be the person who executed the within instrument as President , on behalf of the corporation herein named and acknowledged to me that the corporation execute`d~'pliytTp.~t ~(~, ~ ~~/1(~~/, ~ ~ ` ~ Notary Public i ~~9~ I, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certifQ~y~ t~ri~halt the said Power of Attorney is still in effect. GIVEN under my hand and the seal of said company, at Houston, Texas, this ~ day of ~~r 19~. Ass stant Secretazy Any instrument issued in excess of the pen~lry stated above is totally void and without any validity. For verification of the authority of this power you may telephone (713) 722600. 1201-1250/050