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Northlake 635(5)-CS010207FILE February 7, 2001 Kyle Whitesell Butler Construction, Inc. 15100 Trinity Blvd., Ste. 100 Fort Worth, Texas 76155 Dear Mr. Whitesell: A final inspection of paving and utilities for the referenced project has been confn'med 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. Construction Inspector CC: Mike Martin, Assistant City Engineer Rhonda Brothers, Engineering Secretary Glenn Hollowell, Director of Public Works Greg Jones, Chief Building Official Travis Crump, Fire Marshal 255 PARKWAY lb' P.O BOX 478 lt' COPPELI- TX 75019 ~lr TEL 972/462 0022 'A' FAX 9721304 36*73 MAINTENANCE BOND Bond No. 46BCSAO1040 KNOW ALL MEN BY THESE PRESENTS, That we, Potter Concrete Co., Inc., 4820 Gretna, Dallas, TX 75207 (hereinafter called the "Principal"), as Principal, and the Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut and duly licensed to transact business in the State of Texas (hereinafter called the Surety"), as Surety, are held and firmly bound unto the City of Coppell, TX (hereinafter called the "Obligee"), in the sum of Twelve Thousand Four Hundred Seventy Five and noll00 Dollars ($12,475.00) 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 11th day of October, 2000. THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the said Principal has heretofore entered into a contract with Butler Construction dated November 24, 1999 for construction of approaches and turn lane at Coppell Commerce Center, 1221 S. Belt Line Rd., Coppell, TX 75019. 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 completion and acceptance, normal wear and tear excepted. NOW THEREFORE, if the said Principal shall indemnity 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, cyclone, tornado, earthquake, volcanic eruption or any similar disturbance of nature, nor military, naval or usurped power, insurrection, dot 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 Twelve Thousand Four Hundred Seventy Five and no/100 Dollars ($12,475.00). No right of action shall occur upon or by reason of this ob, b, liga~, to benefit of any person, firm or corporation, other than the O,~rein na,~ed. POTTER CON(~RET~(~O., INC. HARTFORD FIRE INSURANCE COMPANY Michele Deg n(~n,'/~ttor~:~/-in-Fact or for the use or H~TFORD FIRE INSURANCE COlt/, ~NY Hartford,Connecticut POWER OF ATTORNEY Know all men by these Presents, That HARTFORD FIRE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its principa~ office in the City of Hartford, County of Hartford, State of Connecticut, does hereby make, constffute and appoint JOHN FULKERSON, DONNIE DOAN, KAE GIBBONS, MICHELE DEGNON AND TOM ELLIS OF DALLAS, TEXAS its true and lawful ARomey(s)-in-Fact, with full power and authority to each of said Attorney(s)-in-Fact, in their separate capacity if mom than one ia named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or pdvste trust; guaranteeing the performance of contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, in UNLIMITED ................................................... and to bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other wdtings obligatory in the nature thereof were signed by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attorney(s)-in-Facl may do in pursuance hereof This Power of Attorney is granted under and by authority of the By-Laws of HARTFORD FIRE INSURANCE COMPANY, ('the Company") as amended by the Board of Directors at a meeling duly called and held on July 9, 1997, as follows: ARTICLE IV SECTION 7. The President or any Vice President or Assistant Vice. President, acting with any Secretary or Assistant Secretary shall have power and authority to s~gn and execute and attach the seal of the Company to bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and such instruments so signed and executed, with or without the common seal, shall be valid and binding upon the Company SECTION 8.The President or any Vice-President or any Assistant Vice President actingwith any Secretary or Assistant Secretary, shall have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more resident Vice Presidents, resident Assistant Secretaries and Attorneys-in-Fact and at any time to remove any such resident Vice-President, resident Assistant Secretary, or Attorney-in-Fact, and revoke the power and authority given to him 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 bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by 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 it is attached In Witness Whereof, HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice-President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 17th day of September, 1997. Paul A. Bergenholtz, Assistant Secretary HARTFORD FIRE INSURANCE COMPANY Robed L Post, Assistant Vice President STATE OF CONNECTICUT'~ ss. COUNTY OF HARTFORD On this 17th day of September, A.D. 1997, before me personally came Robert L. Post, to me known, who being by me duly sworn, did depose and say: that he resides in the County oi Hartl'ord, State of Connecticut; that he is the Assistant Vice-President of HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation: that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. STATE OF CONNECTICUT~ COUNTY OF HARTFORD .lean H. Wozniak Notary Public My Commission Expires June 30, 2004 CERTIFICATE I, the undersigned, Secrsta~y of HARTFORD FIRE iNSURANCE COMPANY, a Connecticut Corporahon, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that Adicle IV, Sections 7 and 8 of the By-Laws of HARTFORD FIRE INSURANCE COMPANY, set Dated the llth dayof October, 2000 J. Dennis Lane, Assistant Vice President forth in the Power of Attomey, are now in force. Signed and sealed at the City of Hartford. Richard L. Marshall Jr., Assistant Secretary Form S-3507-9 (HF)Printed in USA. PUBLIC BREAKDOWN FOR THE CITY OF COPPELL NORTHLAKE BUSINESS PARK PROJECT The following Is a break down for utilities on the above referenced project. 2 EA 12"x8" TAPPING SLEEVE & VALVE 55 LF 8" CLASS 200, DR14 PVC I EA RELOCATE FIRE HYDRANT 2 EA 2"DEADHEAD DOMESTIC 2 EA 2"DEADHEAD IRRIGATION 2 EA 8" DOUBLE DC VAULT I LS TRENCH SAFETY TOTAL $20,660.00 MAINTENANCE BOND Bond No. 71 SB 103296841 BCYl KNOW ALL MEN BY THESE PRESENTS: THAT, TRI DAL, LTD., as Principal and TRAVELERS CASUALTY AND SURETY cOMPANY OF AMERICA a Corporation duly authorized to transact general surety business in the State of Texas, as Surety, are held and firmly bound unto CITY OF COPPELL in the sum of TEN THOUSAND THREE HUNDRED THIRTY AND 00/100 Dollars ($ 10,330.00),lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF TI-I~ ABOVE OBLIGATION IS SUCH THAT: WHEREAS, the Principal entered into a written contract with Butler Construction, Inc. dated November 24, 1999 for PUBLIC WATER FOR NORTHLAKE BUSINESS PARK PROJECT and; WHEREAS, the said Principal is required to post a bond to protect the said Obligee against the result of faulty material or workmanship for a period of two (2) years from and after the date of acceptance of said work and; NOW, THEREFORE, if the said Principal shall for a period of two (2) years from and after the date of acceptance of said work, replace any and all defects arising in said work, whether resulting from d&fective materials or defective workmanship, then the above obligation to be void; otherwise, to remain in full force and effect. SIGNED, SEALED AND DATED this 19th day of June,2000. TPd DAL, LTD. Principal TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Surety PAULINE L. LESCH, Attorney-in-Fact TRAVELER,~N, ta~SUALTY AND SURETY COMPANY OF TRA', .ERS CASUALTY AND SURETY COMPA1N'~ FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 TRAVELERS CASUALTY AND SURETY CO1VIPANY OF ILLINOIS Naperville, Illinois 60563-8458 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of DuPage, State of Illinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Pauline L. Lesch, Clem Ir. Lesch, Gary Matula, Steven J. Zinecker or Beverly Webb * * of Lewisville, TX, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the · nature of a bond, recogn~?ance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appo~tee 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 ~xitings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given klm or i~er.. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligato~ in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secreta.~ or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FAILMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and 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 or Attorneys-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 it is attached. IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS have caused this instrument to be signed by their Senior Vice President, and their corporate seals to be hereto affixed this 10th day of January, 2000. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY } SS. Hartford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS · On this 10th day of January, 2000 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, stock corporation of the State of Illinois, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this1 9 'ch day of June, 2000. Kori M. Johanson Assistant Secretary, Bond