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Magnolia Park-CS 990415 he City With A Beautiful Future O. BOX 478 COPPELL, TEXAS 75019 FILE April 15, 1999 Mr. Elvio Bruni, Development Director Eastern Development Companies 5225 Village Creek Dr., Suite 400 Plano, Texas 75093 RE: i~liapark Addition ' Dear Elvio: The water, sanitary sewer, paving and drainage facilities in the above refere inspected during construction by the City of Coppell Engineering Dep installed according to the plans and our specifications governing such work. As of the above date, the facilities are accepted subject to the two year main! Thank you for your cooperation during this construction and if ! can be please contact me at 972-304-3685. Sincerely, Construction Inspector Cc: Site Concrete, Inc. fax 972-513-0825 J.F. Clack, Inc. fax 903-527-4445 Greg Jones, Building Inspections Campbell/magpkfa P.O. Box 478 Coppell, Texas 75019 972-462-0O22 aced addition were arUnent and were enanee agreement. ~f further service, BOND NO.: 22003502 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Site Concrete, Inc. as Principal, and Liberty Mutual Insurance Companv as Surety, arc held and rawly bound unto Town of CoopeH Obligce, in the full and just sum of Three I~nndred Thirty Thousand Three Hundred Eiohtv Three and 65/100 ($330,383.6~), lawful money of The United States for the payment whereof, well and truly to be made, the Principal and Surety. bind themselves, their heirs, executors, admirfistrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a written contract dated 03/27/98 with Magnolia Park Limited Company, 5225 Village Creek Dr., Ste. 400, Piano. TX 75093 for Concrete Paving for Magnolia Park. Coooell. TX and WHEREAS, Obligee provides that the Principal will furnish a bond conditioned to guarantee for the period of Two (2) 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 12th Day of January. 1999. (Witness~' - - Site Concrete, Inc. (Princ~ Libe lutual Insurance Comnany (Surety) ~ Michael B. Hffi, Attorney-In-Fact I:HI~ pOWER OF A'I'I'ORNEY iS NOT..V-a. t4D UNLESS IT IS PRINTED ON RED BAC~ND. 4 6 7 9 4 9 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUS= i t S POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company'), a Massachusetts mutual insurance company pursuant to and by authority., of th~ By-law and.*Authorizafion her~fr~e~fter set forth, does hereby name, constitute and appoint, SUZANNE C, BALDWIN, WILLIAM D..BALDWIN, ClNDYFOWLER'MICHAEL B. HILL, DEBBIE SMITH, ALL OF THE CITY OF RICHARDSON, STATE OF TEXAS :'~: ...... :..- ............ · ....................... , each individually f there be more than one named, its true and lawful attorney-in-fact i0 make, execute, seal~ acknowledge and deliver, for and on its behalf as surety and as its act and deed, 'any and all undertak ngs, bonds, reCogn zances and other'surety obligations in the penal sum not exceeding -- SEVENTY-FIVE MILLION********''==:==******~****** DOLLARS ($ 75,000,000 ********** ) each. and the execution of such bonds or undertakings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article XVl, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance Company has been affixed t~el'~in Plymouth Meeting, Pennsylvania this 2gth day of .h,l~ ,19 _~_R . ?~":~; ~:, .~, LIBERTY MUTUAL INSURANCE COMPANY Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF MONTGOMERY On this 29th day of June , A.D. 19gB , before rna, a Notary Publc, personally came the individual, known to me to be the therein ~1 and officer of Liberty Mutua InsUrance CompanY who executed;the preceding instrument, and he acknowled- ged that he execute ~the seal affixed to the said Preceding instrument' is the co~ Seal 0f ~aid'company; and that said corporate seal and his signat~c~~e~s duly affixed and subscribed to said inst~ent by ~Ut~0dry and di~'~ of the said company. IN TESTIMO~II~'1rjfJ. J.J.J.~ER , t t.~'lip'~ set rny hand and affix my official seal at Plyrnout~ Meeflr~gl P.~, the.day; ~r~d year first above written. I, the undersi n/of Liberty Mutual Insurance Company, do he?eby ce~dfyilthat t~e original power of attorney of which the foregoing is a full,true- and c~copy, is in full force and effect on the date of this ce~flcate; and I. do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the' president to appoint any attorney-in-fact as provided in Article XVI, Section 5 of the By-laws of Liberty Mutual Insurance Coropany. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appaadng upon a certified copy of any power of attorney issued by the cornpany, 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 seal of the said company, this 12th day of ~lanuary ,19 99 . ~ THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BONO WITH AN INCEPTIOI~e~'E AFTER JaM ~ ,2O n~ #AINT~NANCE 80NO KNOW ALL MEN BY THESE PRESENTS: ................. as PrincipaL, and B[TUH[NOU$ CASUALTY CORPORAT[0H, a ¢orDoratton organized under the Laws of the State of ZLLinois and authorized to do a surety ~uslness tn the State of Texas, ulth office at ZZZ w. Las an~ firmly bound unto the ___~be_C.id~y_.o.[_.Cc~:qzP.~[ ....... tn the sum of United States of America. for the ~ayment of ~e[L and truly to be made, ~e bind ourselves, our heirs, executors, administrators, successo~ and assigns, jointly and severaLL~/ SEALED with our seals and dated this Jahuar~_~&!999 WHEREAS. on the _.~_q~.C_l.0~._l.9.gJ[ as contractor, entered into a.contract for the said Utility Improvements - Magnolia Park Additions Three Hundred Fifty Four Thousand Two Hundred for the sum of ($~2~.D.0- .... ); and, WHEREAS, under the terms of the specifications for said work, the satO J.F. Cla~_~3_n~_~ ...... is re~ut~d to give a bond for -~_~/U3~,.~.~_~Om~_~D~J3d Two ~o ~rotec~ the -~y~~ ................................. Dertod of (2) Two year(s) from and after the dat~'~'?-~ completion and acceptance of same, namely until _~Q~.~_~___, .................. . NOW T~E~E~0~E,tf the said__~_C[~_I~. ................... .................................................. shaLL fo~ a oe~tod of .... J~J_~ ................. yea?(s) from and alta? the da~e of the como[arian and acceptance o~ same ~y said ........ ~[[~.~_~=~ ........................................ ~e~tece any and aLL defects a?tstng tn said wo?k whethe~ above obligation Co be void; otherwise Co ree(t~ /Jr fuLL force ....... _: .... LTY COlPORATZON ............. SITE CONCRETE, INC. Street Address: 3332 Roy Orr · Grand Prairie, TX 75050-4207 Mailing Addr~.~a: P.O. Box 154489 · Irving, Texas 75015-4489 972-313-0733 · Fax 972-513-0825 Estimating Fax 972-513-0661 MAGNOLIA PARK LIMITED COMPANY % ALTON LOYD, INC. 5225 VILLAGE CREEK DRIVE, SUITE 400 PLANO, TEXAS 75093 JOB NO: 98-15 PROJECT: MAGNOLIA PARK EST. NO. PAVING #6 FROM: 11/26/98 TO: 12/25/98 Ar'TN: MR. PRESTON SKAGGS ( QUANTITIES--) ITEM DESCRIPTION PLAN Q THIS TOTAL TO UNIT AMOUNT AMOUNT NO. OF ITEMS ESTIMATE DATE PRICE THIS ESTIMATE TO DATE 1. 6" REINF CONCRETE PAVEMENT (3000 PSI) SY 27,002 27,002 2. 6" 4" 6" REINF CONCRETE ALLEY (3600 PSI) SY 4,786 2,427 5,540 3. 6" ASPHALTIC CONCRETE TURN LANE SY 500 at Denton Tap wi 2' Type "D" over 4' Type "B" 4~ 6" LIME STABILIZATION SY 39,422 39,422 5. HYDRATED LIME (32 #/sy) TN 631 631 6. BRICK PAVERS per City of Coppell SF 2,000 2,000 2,000 Alternates 1. WIDENING OF ENTRY STREET 2. BARRIER FREE RAMPS 3. 4' x 4' SIDEWALK SY 1,000 EA 21 4 25 SF 2,000 (5,616) 6,184 $15.95 $0.00 $430,681.90 $16.45 $39,924.15 $91,133.00 $19.10 $0.00 Deleted $1.25 $0.00 $49,277.50 $83.50 $5.00 $52,688.50 $5.75 $11,500.00 $11,500.00 $15.95 $0.00 DELETED $500.00 $2,000.00 $12,500.00 $2.10 ($12,213.60) $12,986.40 TOTAL AMOUNT TO DATE $660,767.30