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Lakewood A-CS 930303 (2) .... . ...... -_r- ...... s C B-c,. --- _ ..... -- '2.DPDe:, Texas March 3. 1993 Mr. Craig Smiley Unzicker, Schnurbusch Associates 8700 Stemmons Freeway, Suite 400 Dallas, TX 75247 Re: Lakewood Estates Tract A Final Acceptance Dear Mr. Smiley: A final inspection of the above-referenced project has been confirmed by representatives of the City of Coppell subject to the various maintenance agreements. The drainage utility and paving has been verified and is in compliance with the City of Coppell standard requirements. Erosion protection will also be maintained until bond expiration. The one-year maintenance bonds and as-built drawings have been received from the contractor. Maturity on the bonds will be one year from the date of this letter. Maturity on the Erosion Control Bond will be two years from this letter. Sincerely, vis '6r ~ Construction Inspector cc: Steve Goram. Director of Public Works Kenneth M. Griffin, P.E., City Engineer M. Shohre Daneshmand, Civil Engineer Greg Jones, Acting Building Official Floyd Key, Legend Construction Dale Gilreath, Glenn Thurman, Inc. Keith Jackson Waymon Levell ~r~ui ST. PAUL FIRE AND MAliNE INSURANC~ COMPANY .gl. Pgul. Minne~nla Property&Uab, hly ST. PAUL MERCURY INSURANCE COMPANY Insu~nce ~t. Pgul, Minnesol~ ST. PAML G~ARDIAH IHSURAHCE COMPAHY ~1. Prod, Minnesol~ Capital Stock Companie~ MAIN[ENAN(]~ BOND A00~19~4 Bond No. KNOWAIJ. MEN BY THESE PRESENTS, Thatwe, Glenn Thu~an, Inc. ................................................................................ (hereinafter called the "Priucipal") as Principal, and the SL.~.__~!AU.i._..~.~ a~d ~ta~ine ~nsu~a~ce Co::panxo~theCJtyo[St. PauI, MJnncsota, acorporationduh. organized under the laws cfi tile State of Minneso[a, and duly licensed to transact business in the State of _.~re_$~_~ .... .................................... (herdna[ter called [t~e "Surety"), as Surety are held and I'kmly bound unto City o~ Co~_~_~_~.__..~_~.~_~ ...................................... Seventee~ Thousand, Twe~Ey- ~/ ~00- ($ 17,0~6.44 ..... ) (hcreina[[er called the "OblJgee"), in the sum cfi S i x a~ d ' ' ~ ~ for the payment o~ ~ hich are ~'ell and ~ruly to be made, we, d~e ~aid Principal and the said Surer); bind oursdve~, our heir~, ~xecutors, administrators, successors and a~sJ~n~, joh~tly and severall~ firmly by these presents. Signed and sealed this ...2.:4..t..h. ..... day of ....F.z..b..r.H.a..r..Y ................ 19 ...9....3... THE CONDITION OF THIS OBLIGATION is such, that L. C. Estates Ltd. WIIEREAS, tile said Principal has heretofore entered into a contract with:s~d~Ot~l~ffe~ dated September 16, 199, 2 19 ....... for _ _. L_a.k: ~Sf_9__q.d_ ._.E_ s_t_a_._~__.e_.~___-__L a__kj_e_yo_o _d__.T r a c t A WI IEREAS, the oblJgee has requested that said work be guaranteed against failure because of defective workma,ship or material, performed or furnished by said principal for a period of o n e __ years from date of completion and accept- anco, normal wear aud tear excepted. NO\V 'I'I tEREF()RE, 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, cyclo,e, tornado, earthquake, volcanic err, priori or any similar disturbance of nature, nor military, naval or usurped pov,-er, insurrection, riot or civil commotion, nor auy act of God. It is further understood and agreed that the total liability of tile surety under this bond shall in no event exceed the sumofSeventeen Thousand, Twenty-Six and ~/100 (S17,026 4 ) 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. Glenn '£hurman, Inc. St. Paul Fire and Marine Insurance ........................ Pr'ncipa. j Surety Company E 1 n o r a C r u t h i s Attorney-in-Fact 17818 Rev. 4-88 Printed in U.S.A. ..~-~-~ul ----r. PAL'I._ }'IRE AND MARINE INSURANCE. COMPANY CFRTIHCA1-E OF 35 Washington Street, St. Paul. Minne: ' "-'q2 AL'TltORITY NO. For vcrit'ication of the authenticity of this Power of Attorne.,.; you may telephone toll l ree 1-800-328-2189 and ask for the Po~ver of Attorney Clerk. Please refer to thc Certificate of Authority No. and the named individualts}. GENERAL VOWER OF ATTORNEY- CERTIFIED COPY ~ ~ S 5 ~ ~ $ (Original on File at Home Office of Compans: See Certification.) KNO'~' ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Compan3; a corporation organized and existing under the laws of the State of Minnesota. having its principal office in the City of St. Paul. Minnesota. does hereby constilute and appoint: Derrell C. Dodson, W. H. Bateman, IV, Fred C. Wald, Jr., Sam J. Mullis, Jr., Elnora Cruthis, Sherry Mesquita, individually, Dallas, Texas its true and la,~ ful attorney{s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnit.~ and o-:hcr x~ ritings obligatory in ~he nature thereof, which are or may be allox~ed, requi'red or permitted by law, statute, rule, regulation, contract or otherwise. NOT TO EXCEED IN PENALTY THE SUM OF TWENTY FIVE MILLION ($25,000,000) EACH and the execution of all such instrument(~l in pursuance of these presents, shall be as binding upon said St. Paul Fire and Marine Insurance Compan); as fully and amply, to all intet'.ts and purposes, as if the same had been duly executed and acknox~ledged b3- it.,, regularly elected officers at its principal office. This Po~.'er of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article %~-Section 6lC), of the By-l.aws adopted by the Shareholders of ST. PAUL FIRE AND NIARINE INSURANCE COMPANY at a meeting called and held on the 28th day of April, 1978, of x~ hich the following is a true transcript of said Section "The President or any Vice President, Assistant Vice President, Secretary or Service Center General Manager shall have power and authority {1) To appoint Attorneys-in-fact. and to authorize them to execute on behalf of the Company, and attach the Seal of the Compat~y thereto, bonds and undertakings, recognizances, contracts of indemnity and other ~ritings obligatory in the nature thereof, and (2} To appoint special Attorneys-in-fact. who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this section and/or any of the By-Laws of the Company, and (3) To remove, at any time, any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him." Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting dub tailed and held on the 5th day of Ma.% 1959. of which the following is a true excerpt: "Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such f~csimile signatures or facsimile seal shall be'valid and binding upon the Company and any such power so executed and certified b.v 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 il is attached." .~4~,x~,xx~'x''~'%~'~sj[J' IN TESTIMONY WHEREOF. St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its i: ~2~~ corporate seal to be affixed by its authorized officer, this 30th day of November, A.D. 1990. INSURANCE COMPANY ff~ I-'~.~'~ ~-~ ST. PAUL FIRE AND MARINE ~",,~,,~^~c~' StaTE t)~ MIX.'~USOta~, ss. , ':,,,.,., .,~'~*'"- County of Dakota · DAVID LITZKOV~, ~ice President On this 1 7 th day of Ma rch ,19 9 2, before me came the individual who executed the preceding instrument, to me personally knov, n, and, being by me duly sworn, said that he. she is the therein described and authorized officer of St. Paul Fire and Marine Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company: that the said Corporate Seal and his/her signature were duly affixed by order of the Board of Directors of said Company. Q IN TESTIMONY WHEREOF, I h aand year first above written, ye hereu n toset m y hand and affixed mv Official Seal, at the city of St. Paul.~inMARY. C. STEMPER, ~'~~NOtary' ~-~'Public, Dakota' ne s ora, t h e..//~~a~'county, MN My Commission Expires October ~., 1996 CERTIFICATION I, the undersigned officer of St. Paul Fire and Marine Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPAN~I; and that the same are correct transcripts thereof, and of the whole of tl~e said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. ~~%,~'~ "~- ~ IN TESTIMONY \¥HEREOF, i have hereunto set my hand this ~?~. ~~, Onl? a certified copy of Power of Attorney bearing the Certificate of Authority No. printed in red on the upper right corner is binding. Photocopies, carbon cop]es or other reproductions of this document are invalid and not binding upon the Company. ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY I/OlD AND WITHOUT ANY '¥ALIDn'M 29550 Rev. 5-91 Printed in U.S.A. MAIN~EN ANCE BOND Bond No. S3002438 Legend Construction, Inc. KNOW ALL MEN BY THESE PRESENTS, That we, (hereinafter called t-he "Principal") as Principal, and the WASHINGTON INTERNATIONAL INSURAKCE COMPANY , a corporation duly or- ganized under the laws of the State of Arizona 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, Texas Fifteen Thousand Eight Hundred (hereinafter called the "Obligee"), in the sum of Xinety Four Dollars and 18/100 ($ ].5,894.18 ) 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 ..~....2..4..t.h.. ....... day of .....F..e..b..r..u..a..r.l ........................ 19..9...3... THE CONDITION OF THIS OBLIGATION is such, that WHEREAS, the said Principal has heretofore entered into a contract with said Obligee dated November 30 , 19 93 ,for Water, Sanitary Sewer & Storm Sewer to serve Lakewood Estates, Coppell, Texas 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 One 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 oc- casioned directly by the failure of said materials or workmanship, then this obligation to be void, otherwise to re- main 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 dis- turbance 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 the sum of F±fteen Thousand Eight Hundred Ninety Four Dollars and 1S/t00 Dollars. No fight of action shall accrue upon or by reason of this obligation, to or for the use or benefit of any person, fh-m or corporation, other than the obligee herein named. LEGEND CO~,S;RUC__ON, INC Principal . By: /,'.~-'. ~": .... David Chaney, Vice dent Tracy-)Tu~Cker'- Attorney-in-Fact Genera [ WASHINGTON INTERNATIONAL INSURANCE COHPANY PO'dER OF ATTORNEY KNOb/ ALL MEN BY THESE PRESENTS: That the Washingto~ International Insurance Company, a corporation organized and existing under the laws of the State of Arizona, and having its principal office in the Village of Schaumburg, ILlinois, does hereby constitute and appoint * * TRACY TUCKER AND DELBERT TUCKER * * its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and bonds and u~clertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, ~hich are or may be allowed, required, or permitted by taw, statute, rule, regulation, contract or otherwise, and the execution of such instrc~nent(s) in pursuance of these presents, shall be as binding upon the said Washington International Insurance Company as fully and amp[y, to all intents and purposes, as if the same has been duly executed and acknowledged by its President at its principal office. This Po~er of Attorney shaft be limited in amount to $2,000,000.00 for any single obligations. This Po~er of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted 14arch 22t 1978, July 3, 1980 and October 21, 1986 ~hich read, in part, as fo!lows: 1. The President may designate Attorneys-in-Fact, and authorize them to execute on behalf of the Company, and attach the Sea[ of the Company thereto, bor~s, and undertakings, recognizances, contracts of indefl~ity and other writings obligatory in the nature thereof, and to appoint Special Attorneys-in-Fact, uho are hereby authorized to certify to copies of any power-of-attorney issued in pursuant to this section and/or any of the By-Laws of the Company, and to refl~ve, at any time, any such Attorney-in-Fact or Special Attorney-in-Fact and revoke the authority given him." 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate sea[ of the Company, may be affixed to any Power of Attorney, certificate, bor~ or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be va[id and binding upon the company. IN TEST[140NY WNER corporate sea[ lio'P,~-'~dJ~.~,{,xe~y'~'t~, authorized offi ~, this 7th day of October, 1992. ~ ~..'~. ** '~ ' WA N AL INSURANCE COHPANY fCORPO . .TE' SEAL STATE OF ,LL,NO~:~.,~:*. ...... ::,~k;~; COUNTY OF COOK ) On this 7th day of October, 1992, before me came the individual who executed the preceding instrument, to me persorml[y knoun, and, being by me duty s~orn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the sea[ affixed to said instrcment is the Corporate Sea[ of said Company; iN TEST]140#Y WNEREOF, ! have hereunto set [!1~ hand and affixed my Official Sea[, the day and year first above written. /' I CH~JSTINE ZA~ETSK¥ t Notary Public Stile of Illinois ~ Hy commission Expires O~tober/'7, 1996 ~"~ ,~"~ =~,~ ,~ .,~ .~..,....~ .,.. ' '0qSTTT ] ~ ] CATE STATE OF ]LL]NO]S ) COUNTY OF COOl( ) ], the undersigned, Secretary of WASHINGTON !NTERNAT]ONAL INSURANCE COHPANY, an AR]ZONA Corporation, DO HEREBY CERTZFY that the foregoing and attached PO~ER OF ATTORNEY remains in fuL[ force and has not been revoked, and furthermore that Article III, Section 5 of the By-Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are nc~ force. the County of Cook. Dated t /24th da Febr a y ./1~19 93 LewTs 14. #oel~er, Secret~ry First Southwest Properties, Inc. Via Courier February 25, 1993 Engineering DeparUnent City of Coppell FEB Z 5 19~3 :.}.'.iii 255 Parkway Boulevard Coppell, Texas 75019 r-:.,..-- .... :.-, ...... '..:,~, I Dear Doug: Enclosed is the check of L.C. Estates, Ltd. in the amount of $3,697.65 for their two year soil erosion control maintenance deposit. This amount is calculated by taking the 2,241 linear feet in Phase A times $1.65 per linear foot charged by Texas Environmental Management, Inc. (see proposal and invoice attached). It is our understanding that the City of Coppell will hold this money and return it at the end of two years less any amounts that the City may have had to spend for maintenance of the silt fence should it not be maintained by the developer. L.C. ESTATES, LTD., a Texas limited partnership By: L.C. General Partner, Ltd., a Texas limited partnership and the general partner of L.C. Estates, Ltd. By: LT Real Estate Corporation, a Texas corporation and general partner of the general partner By:: .F' ~' -" J. Wajy~on LevelL/ // .~ Presi,,~nt ~ JWL:kh Enclosure 4835 LBJ Freeway · Suite 850, I,B 100 · l)allas, Texas 75244 · Phone: (214)788-4835 · Fax: (214)98041488 F/RST SOUTHWEST PROPERTIES, INC. 4835 LBJ Freeway, Suite 850 '. FE/~ z~ 5 _.:. Dallas, Texa~ 75244 FAX MEMO DATE: PHO~ ~: (214) 788-4835 FAX ~: ~ ~ ~ ~ G ¢~ ~PLY FAX ~: (214) 980-8488