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Northlake WE P10C-CS 970501 P.O. Box 478 Coppell, Texas 75019 The City With A Beautiful Future 214-462-0022 May 1, 1997 Mr. Steve Parsons 6309 Clear Ridge _ Dallas, Texas 75248 FAX (972)479-0397 RE: North Lake Woodlands Phase 10C 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. ~Constmctfon Inspector cc: Ken Griffin, P.E., Dh'. of Engineering & Public Works Greg Sones, Chief Building Official Site Concrete/FAX (214)513-0825 Burkard Const./FAX (214)271-1078 Don Tipton/FAX (972)226-1946 fil¢/Idavi.qOfinalac, lit April 30, 1997 Mr. Larry Davis City of Coppell 255 Parkway Boulevard Coppell, Texas 75019 Dear Larry, The purpose of this letter is to put into writing our agreement regarding the silt fence required in Northlake Woodlands Phase 10 C. We have deposited with the City, a check in the amount of $3,500.00 which is the amount we have paid Site Concrete to install the existing silt fence. Should the existing fence be knocked down or destroyed for a period of two years, or until vegetation has covered the area so that a fence is no longer required, or we no longer own the property, whichever comes first, we agree that the fence shall be repaired or replaced by us and if it is not, the City is to use a portion of the deposit to pay for these repairs and deduct that amount from the refund of said deposit, which the City agrees to make at the end of said two year period. Sincerely, Steve Parsons, Manager N. L. W. Development Group SP/sk BOND NO.: ZZ-001-611 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Site Concrete, Inc. as Principal, and Liberty Mutual Insurance Company as Surety, are held and fa~va'y bound unto Citwf~ll, Texas Obligee, in the full and just sum ofOneHundredFittySix Thousand Eight Hundred Eighty Nine and 68/100 ($156,889.68), 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, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a written contract dated 08/12/96 with Northlake Woodlands Development Grou~, 598 Denton Tap Rd., Coppell, TX 75019 for Concrete Pavine Northlake Woodlands East # 10-C 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 6th Day of March, 1997 Site Concrete. Inc. (Principal) (Witness) ~~ Liberty Mutual Insurance Coml~anv Michael B. Hill, Attorney-In-Fact THIS.POWER OF ATrORNEY IS NOT V. ) UNLESS IT IS PRINTED ON RED BACKGI' ND. 3 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, MASSACHUSETI'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 the By-raw and Authorization hereinafter set forth, does hereby name, constitute and appoint, WILLIAM D. BALDWIN, SUZANNE C. BALDWIN, CINDY FOWLER, MICHAEL B. HILL, DON E. SMITH, RAY WATSON, ALL OF THE CITY OF RICHARDSON AND WILLIAM L. RIDLEHOOVER OF THE CITY OF AUSTIN, STATE OF TEXAS ' , each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its ~I behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety 'obligations in the penal sum not exceeding SEVENTY-FIVE MILLION"~*****~:~:*'****.***"**** DOLLARS ($75 000 ntt0 .... **** ) each,, and the execution of such bonds or un(~er[aKings. ~n pursuance of these presents snail be as binding upon the Company as II~t~ey had been duly s~gned 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 wdting 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 .- o instruments shall be as binding as if signed by the president and attested by the secretary. ~ I-- By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: m U.I EE Pursuant to Adicle XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys-in-fact ~,O 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 theretq in Plymouth Meeting, Pennsylvania this 17th dayof January ,19 97 i~.~e_ :'~-' ---..'"~i LIBERTY MUTUAL INSURANCE COMPANY :i~.:~.:. ," Garnet W. Elliott, Assistant Secretary '"" COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 17th day of January , A.D. 19.97 , before me, a Notary Public, personally came the individual, known to me to be the therein de--dual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled- ~E ~ ': ged that he executed.J~. ~arl~ e .[~[the seal affixed to the said preceding instrument is the corporate seal Of said company; and that said corporate ,_ seal and his signatu,~...,~lb~l'~as/~~ ~, duly affixed and subscribed to the said instrument by authority and direction of the said company, o~-O o IN TESTIMO~..~~~o set my hand and affix my official seal at Ply g, P~,~ear first above written. '''-- --'i - .'- ' " ! Notary Public .... ';- -- - ::: ..... ~::CERTtFI~:ATE I, the undersigne~retary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, trueand c~"Et~'EI: copy, is in full force and effect on the date of this certificate; and [ 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 Company, 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 appearing upon a certified copy of any power of attorney issued by the company, 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 6th day of Nat'ch ,19 97 . .~,~\__ - ' "~ ~sistant ~L~l'eta~y ~'~ 9~ THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND wITH AN INCEPTI~ AFTER January 17 . 19 __ IMPORTANT NOTICE TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, Texas 78714-9104 FAX No. (512) 475-1771 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim, you should contact the company fh'st. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. SITE CONCRETE, INC. 3328 Roy Orr · Grand Prairie. TX 750504207 · 214-313-0733 · FAX 214-513-0825 Mailing Address: P. O. Box 140096 · Irving. lexas 75014-0096 NORTHLAKE WOODLANDS DEVELOPMENT GROUP JOB NO: 9660 C/O TIPTON ENGINEERING INC. PROJECT: NORTHLAKE WOODLANDS 10-C 6330 BELTLINE RD., SUITE C EST. NO. PAVING 2 GARLAND, TEXAS 75043 FROM: 01/26/97 TO: 02/25/97 ( QUANTITIES---) ITEM DESCRIPTION PLAN THIS TO UNIT NO. OF ITEMS QUAN EST DATE PRICE TOTAL PAVING 1. 6" 3000 PSI REINF CONCRETE STREET (28') SY 12,335 1,235.00 12,335.00 $16.05 $197,976.75 2. 6"-4"-6" 3600 REINF CONCRETEALLEY(10') SY 4,030 403 4,030 $16.55 $66,696.50 3. 6" LIME STABILIZED SUBGRADE SY 18,052 0 18,052 $1.30 $23,467.60 4. HYDRATED LIME TN 244 244 244 $85.00 $20,740.00 5. 6" 3000 PSI REINF CONC ALONG EXT ALLEY SY 10 10 10 $30.00 $300.00 6. SAW/CONNECTTO EXISTING PAVEMENT LF 357 357 357 $10.00 $3,570.00 7. CONNECTTO EXISTING HEADER LF 121 121 121 $8.50 $1,028.50 TOTAL COMPLETE $313,779.35 MAINTENANCE BOND BOND NUMBER 1478154 KNOW ALL MEN BY THESE PRESENTS, That we Burkard Utility Contractors, L.C. as Principal, and Insurance C~any of the West a Corporation organized under the laws of the State of California and duly authorized to do business in the State of Texas as Surety, are held and firmly bound unto the City of Coppell, Tx as Obligee, in the penal sum of T~o Hundred EiKhty-Five Thousand & 00/100 ($ 285,000.00 ) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal has caused to be constructed Northlake Woodlands 10-C Coppell, Texas ~EREAS, said obligee requires that the Principal furnish a bond conditioned to guarantee for the period of two year(s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period, and ~'~HEREAS, the said contract has been completed, and was-approved on the 3rd day of April ,19 9~ WOW, 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 period of t-~o year(S) from and after April 3, 1997 then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 3rd day of April ,19 97. Burkard Utility Contractors, L.C. Principal Insuranc Company of the West torney-ln-~acc Ja~es W. Looker Insur ..xce Company of the West HOME OFFICE: SAN DIEGO. CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST. a Corporation duly authorized and existing under the laws of the State of CALIFORNIA and having its principal office in the City of Sen Diego. California. does hereby nominate. constitute and appoint: JAMES ~. LEEKER Its true and lawful Attorney(s)-in-Fact. with full power and authority hereby conferred in its name. place and stead, to execute, seal. acknowledge and deliver any and ail bonds, undertakings, recognizances or other written obligations In the nature thereof. This Power of Attorney ia granted and la signed and sealed by facsimile under and by the authority o! the following Resolution adopted by the Board of Directors of INSURANCE COMPANY OF THE WEST et a meeting duly called end held on the 16th day of AUGUST. 1991. which said Resolution has not been amended or rescinded and of which the following is a true. full. and complete copy: "RESOLVED. that the Chairman of the Board. the President. an Executive Vice President or a Senior Vice President of the Company. be. and that each or any of them is. authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company. bonds, undertakings, end all contracts of suretyship; and that a Vice President. an Assistant Vice President. a Secretary or an Assistant Secretary be. and that each or any of them hereby ia. authorized to attest the execution of any such Power of Attorney. and' to attach thereto the seal of the Company. FURTHER RESOLVED. that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate beartng such facsimile signature., or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond. undertaking or contract of suretyship to which it ia attached. FURTHER RESOLVED. that the Attorney-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by an authorized officer of the Company." IN WITNESS WHEREOF. INSURANCE COMPANY OF THE WEST has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 16th Day of August, 1993. Q iNSURANCE GOMPANY OF THE WEST STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: nlor Vice President On this ].6t:h Day of August:,].993 belore the subscriber, a Nota~/Public of the State of California. in and for the County of Sen Diego. duly commissioned and quatified, came John L. Hannum. Senior V{ca President of INSURANCE COMPANY OF THE WEST. to me personally known to be the individual and officer described in and who executed the preceding instrument. and he acknowledged the execution of the same. and being by me duly sworn, deposeth and seith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding Instrument ia the Corporate Seal of the said Corporation. and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said Instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my Official Seal. at the City of San Diego. the day and year first above written. ; ~-:~.'~/7 .cAN DIEGO COUI~ STATE OF CALIFORNIA ~_ ~ My comm. e~es JAN 14.1¢~<~ COUNTY OF SAN DIEGO SS: .... - - - -.- ........ Notary Public I. the undersigned. E. Harned Davis. Vice President of INSURANCE COMPANY OF THE WEST. do hereby certifl/ that the original POWER OF A'Ci'ORNEY. of which the Ioregoing is a full. true and correct copy. is in full force and effect, and has not been revoked. IN WITNESS WHEREOF. I have hereunto subscribed my name as Vice President. and affixed the Corporate Seal of the Corporation. this 3rd day of Ap~i]L 19 97  INSURANCE COMPANY OF THE WEST E. Harned Davis Vice President ICW CAL 37 SITE CONCRETE, INC. 3328 Roy Orr · Grand Prairie, TX 750504207 · 214-313-0733 · FAX 214-513..0825 Mailing Address: P. O. Box 140096 · Irving, Texas 75014-0096 NORTHLAKE WOODLANDS DEVELOPMENT GROUP . JOB NO: 9660 C/O TIPTON ENGINEERING INC. PROJECT: NORTHLAKE WOODLANDS 10-C 6330 BELTLINE RD., SUITE C EST. NO. PAV RETAINAGE GARLAND, TEXAS 75043 FROM: 03/26/97 TO: - 04/25197 ............... (---]6b-~N T~I-~'-'--) ........................ ITEM DESCRIPTION PLAN THiS TO UNIT NO, OF ITEMS QUAN EST DATE PRICE TOTAL PAVI N G 1. 6" 300--'"'--'~ PSI REI~F CONCRETE STREET (28') SY 12,335 12,335.00 $16.05 $197,976.75 2. 6"-4"-6" 3600 REINF CONCRETE ALLEY(lO') SY 4.030 4.030 $16.55 $66,696.50 3. 6" LIME STABILIZEDSUBGRADE SY 15,052 18,052 $1.30 $23,467.60 4, HYDRATED LIME TN 244 244 $85.00 $20,740.00 5. 6" 3000 PSi REINF CONC ALONG EXT ALLEY SY 10 10 $30.00 $300.00 6. SAW/CONNECT TO EXISTING PAVEMENT LF 357 357 S10.00 $3,570.00 7. CONNECTTO EXISTING HEADER LF 121 121 $8.50 $1,028.50 8. BARRIER FREE RAMPS EA 12 12 $500.00 $6,000.00 9. EROSION CONTROL LF 2,800 2,800 $1.25 $3,500.00 TOTAL COMPLETE $323.279.35 RETAINAGE 10% $0,00 SUB-TOTAL --~'3"~'~]'2'~.:~5 LESS PREVIOUS PAID $290.951.42 AMOUNT NOW DUE $32.327.93 £0 '3 NORTHLAKE WOODLANDS 1084 102 MEADOWCREEK, STE. 101 214-,462-1665 .. COPPELL, TX 75019 32-61/1110 ~ ' -- DOLLARS NORTHLAKE WOODLANDS RECEIPT Date-' .~-~ ~ 0340'05 ACCOUNT HOW PAID ':