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Park West CC(7)-CS 991006October 6, 1999 P.O. Box 478 Coppell, Texas 75019 972-462-0022 Dave Glass Prentiss Properties The Plaza on Bachman Creek 3890 W. Northwest Hwy., Suite 400 Dallas, Texas 75220-5166 Final Acceptance Dear Dave Glass: A final inspection of paving and utilities representatives of the City of Coppell. Parkwest Commerce Cemer, Block 5, Lot 2/Lakeview Center for the referenced project has been confirmed by 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. Sincerely, Constmcti¢ a Inspector CC: Mike Martin, Assistant City Engineer Doug Stevens, Engineering Technician Glenn Hollowell, Director of Public Works Greg Jones, Chief Building Official Travis Crump, Fire Marshal J.C. Boswell, Butler Construction (fax: 817-589-9618) Procker/subdivsn/O 1 finals/lakeview BOND NO.: 415002032 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Butler Construction, Inc. as Principal, and Far West Insurance Company as Surety, are held and firmly bound unto Cit~ of Coppell Obligee, in the full and just sum of One Hundred Six Thousand and no/100 ($106,000.00), 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 07/24/98 with Prentiss Properties, 3860 Northwest Highway, Dallas, TX 75220 for Parkwest Commerce Center, Lot 2 Block 5, Lakeview Center Offsite Utilities and Concrete 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 30th Day of September, 1999. Butler Construction, Inc. (Principal) (Witness) Far West Insurance Company Ci~dyYFowl~r, Attorney-In-Fact -' ' LIMITW D POWER OF AT' ORNEY Amwest Surety Insurance Comoanv Far WeSt Insurance Company Expiration Date: 08/11/01 POWER NUMBER 0001045843 This document is printed on white paper containing the artificial watermarked logo ( ~[b ) of Amwest Surety Insurance Company on the front and brown security paper on the back. Only unaltered originals of the Limited Power of Attorney ("POA") are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the expiration date. Amwest Surety Insurance Company and Far West Insurance Company (collectively the "Company") shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at {972) 503-6925 KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company, a Nebraska corporation (collectively the "Company"), do hereby make, constitute and appoint: Suzanne C. Baldwin William D. Baldwin Cindy Fowler Debbie Smith Michael B. Hill As Employees of Baldwin insurance and Bonding Agency, Inc. its tree and lawful Attorney-in-fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix thc seal of thc company thereto ifa seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof as follows: All Bonds up to $10,000,000.00 and to bind the company thereby. This appointment is made under and by authority of the By-Laws of the Company, which are now in full force and effect. I, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company, a Nebraska corpora6on, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of both Amwest Surety Insurance Company and Far West Insurance Company set forth on this Power of Attorney, and that the relevant provisions of the By-Laws of each company, are now in full force and effect. Karen G. Cohen, Secretary * * * * * * * * * * * * * * * * * RESOLUTIONS OF THE BOARD OF DIRECTORS * * * * * * * * * * * * * * * * * * * * * * * * This POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 15, 1975 and Far West Insurance Company at a meeting duly held on July 28, 1983: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any POA previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President or any Vice President and attested and sealed (ifa seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may he affixed by facsimile to any POA or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Amwest Surety Insurance Company and Far West Insurance Company have caused these present to be signed by its proper officers, and its corporate seals to be hereunto affixed this 25'~ day~ff~eptember, 19~ John E. Savage, President Karen G. Cohen, Secretary State of Call fomia County of Los Angeles On September 25, 1998 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me on thc basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on thc instrument thc person(s), or the entity upon behalf of which thc person(s) acted, executed the instrument. WITNESS my ~'~kd and official seal. ., ,~ ................. ~;_x,, / ............. & ,,,,. %,?v, ~.~./" -,~.~ .~:..-... },~x~,,~.- I v , ' [ 5230 Las V~rgenes Road Calabasa$, CA 91302 TEL 818 871-2000 [