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Minyard-CS 970530 COMMERCIAL INDEMNITY INSURANCF COMPANY MAINTENANCE BOND BOND NUMBER BD31617 KNOW ALL MEN BY THESE PRESENTS: THAT MORROW CONSTRUCTION COMPANY, as Principal, and COMMERCIAL INDEMNITY INSURANCE COMPANY OF AUSTIN, TEXAS, as Surety are held and firmly bound unto CITY OF COPPELL, as Obligee, in the full and just sum of SEVETEEN THOUSAND FIVE HUNDRED AND 00/100 Dollars, ($17,500.00) Dollars, 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. WHEREAS, the said Principal has by written agreement dated, , entered into a contract with said Obligee for: CITY RIGHT OF WAY 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 (2) years from date of acceptance by CITY OF COPPELL, 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 or workmanship or materials due to hurricane, cyclone, tornado, 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. Signed and sealed this 30TH day of MAY, 1997. MORROW CONSTRUCTION COMPANY (SEAL) ............ LANNY~, ATTORNEY-IN-FACT ~.. (S~ALI Commer£iai Indemnity Insurance Compan~y ~.flUU~a~.[ll ~ BD P.O. Box 67 UVlllllll. llUlrlll, Austin, Texas 78767 INDEMNITY INSUIMI~E ~ POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having its principal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 12th day of May, 1994, to wit: "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney- In-Fact, such persons, firms, or corporations as may be selected from time to time. Be It Further Resolved, that the signature of any officer 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 facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature or facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Commercial Indemnity Insurance Company does hereby make, constitute and appoint: LANNY LAND OR CAMILLE EDWARDS OR CONNIE WOFFORD OR CHAD W. LAND ~-tate of Texas its~u-~'a-~ law ful attorney(s)-in- fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The obligation of the Company shall not exceed one million (SI,000,000.00) Dollars. And to bind Commercial Indemnity Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officer of the Commercial Indemnity Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the Commercial Indemnity Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. John W. Schuler, President State of Texas County of Travis On this 12th day of May, in the year 1994, before me Ann Bennett, a notary public, personally appeared John W. Schuler, personally known to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. ~a_ ~ ~-4j_~ '~--~-~'~'~'~ Commission Expires 8-6-97 Ann Bennett, Notary Public CERTIFICATE I, the undersigned, Secretary of Commercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked: Signed and Sealed at the said Company at Austin, Texas dated this 30TI-I ...... day of ~.¥ .19 97 Paul Cameron, Secretary