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Park West CC(09)-CS 961018P.O. Box 478 Coppell, Texas 75019 214-462-0022 October 18, 1996 Errol Faieth McFadden and Miller Inc. P.O. Box 59882 Dallas, Texas 75229 Park West Commerce Center / Marc Myers Phase II Final Acceptance Dear Mr. Faieth: 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. Construction Ins )ector cc: Ken Griffin, P.E., ACM/City Engineer Matt Cast, Supt. Public Services Greg Jones, Chief Building Official Travis Crump, Acting Fire Marshal Doug Stevens, Engineering Technician file/marcmyer.fin MAINTENANCE BOND Bond No. TX528972 KNOW ALL MEN BY THESE PRESENTS, that we, PATCO UTILITIES, INC., as Principal, and MERCHANTS BONDING .COMPANY (MUTUAL) a Corporation organized under the laws of the State of IOWA and duly authorized to do business in the State of TEXAS as Surety, are held and firmly bound unto CITY OF COPPELL, as Obligee, in the penal sum of TWENTY THOUSAND, SIXTY-THREE AND 851100 ($20,063.85) 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 STORM DRAINAGE WORK FOR PARKWEST - BLDG. II, COPPELL, TEXAS. WHEREAS, said Obligee requires that the Principal furnish a bond conditioned to guarantee for the period of TWO (2) years(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 WHEREAS, the said contract has been completed, and was approved on the of ,19__. day 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 period of TWO (2) years(s) from and after final acceptance by Owner then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 26th day of AUGUST, 1996. PATCO UTILITIES, INC. // Principal MERCHANTS BONDING COMPANY (MUTUAL) Sure~ Attorney-in-Fact, Merchants Bonding Company (MUTUAL) POWER OF ATTORNEY KnowAII Men By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation'duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint John A. Miller, Sheryl A. Klutts or John A. Miller II of Fort Worth and State of Texas its true and lawful Attorney-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, underlakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWO MILLION ($2,000,000.00) Dollars STATE OF IOWA COUNTY OF POLK and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANT'S BONDING COMPANY (MUTUAL), and all such acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. -, This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992. ARTICLE II, SECTION 8. - The Chairman of the Board or President or any Vice President or Secretary shall have power and author- ity to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other wdtings obligatory in the nature thereof. ARTICLE II, SECTION 9. - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney 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 fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its V_ice-President and its corporate seal to be hereto affixed, this 19th day of Sept-tuBer ,19 5lb .. ~e.~%.~. '.~:. '.~.~ie~ .. MERCHANTS BONDING COMPANY (MUTUAL) · '~a ~':~. : .~,'. 1933 : ~: By '. ,~:'. ."..'~ o · ~...:. .'.A~ · SS On this 19'~h day of September ,19 95 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is Vice-President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. · ~ : '. Z · Notary Public, Polk County, Iowa · : IOWA · : ; ~ : My Commission '% 0.,; ......... ';o.3' .; Expires 2-19-98 STATE OF IOWA e®ee· ~J A~-- eec® COUNTY OF POLK ss ·....... I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY. executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in force and effect. In Witness V~hereof, I~e~ hereunto set my hand and~ix~ed the Seal of the Company on thi~ ~' day of ~~.~1~ 19, ~F~. This Power-of-Attorney expires 12-31-97 . ~....= ~. · 0~-'~ -O- ~ss ~,~ · 09'2. ..~o · ~x. ,.4~ · · ;~1 ....... '%~.. AUG. 22, 1996 PATCO UTILITIES, INC. 1617 W. HWY 303 GRAND PRAmiE, TX 75051 MCFADDEN & MIIJ,ER P.O.BOX 59882 DALLAS, TX 75229 PARKWEST 2 COPPELL, TX INVOICE #2 AND FINAL 2. 3. 10LF 4. 61LF 5. 1EA 6. 2 EA 7. 2 EA 8. lEA 9. 2 EA I0. 70 LF 14 LF 48" RCP CLASS 111 408 LF 42" RCP CLASS 111 30" RCP CLASS 24" RCP CLASS III 48' C HEADWALL RCP WYES RCP BENDS TIE TO EXT 18" TYPE C HEADWALI. 18" RCP CLASS 1Ti' JUNCTION BOX 80.00 66.50 38.40 29.70 1500.00 200.00 250.00 350.00 750.00 24.00 3750.00 1120.00 27132.00 384.00 1811.70 1500.00 400.0O 500.00 35~00 1500.00 1680.00 9750.00 40127.70 FIREMA~I'S FUND INSURANCE COMPANY THE AMERICAN INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION AMERICAN AUTOMOBILE INSURANCE COMPANY HOME OFFICE: SAN FRANCISCO. CALIFORNIA MAII~ENANCE BOND 111-2730-4597 Bond No KNOW ALL MEN BY THESE PRESENTS: That, McFadden & Miller, Inc. P.O. Box 5q882= Da]]as: TX 7522q as ~in~p~l, and Ammri earl Autc~nmbi ] m Tn~quranea Company a corporation organized under the laws of the State of~MJ._~ouri and authorized to do a surety business in the State of Texas as Surety, are held and firmly bound unto the City Of Coppo11 ~ TX in the sum of Seven Thousand, Five Hundred and no/100 Dollo~rS ($ 7~ 500.00 ---- ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors. administrators, successors and assigns, jointly and severally,, firmly by these presents: SEALED with our seals and dated this 26th day of Au~mist, 1996 WHEREAS, onthe, thesaid McFadden & Miller, Inc. as contractor, entered into a contract for Driveway approaches at 1110 Executive Drive, Coppell, Texas for the sum o~ FJftean Thousand and no/lO0 Do] ]arm ($15:000.00 --- ); and, WHEREAS, under the terms of the specifications for said work, the said McFaddon & Miller: Inc. is required to give a bond for 8eVO/l Thousand: F~va Hundred and no/lOO IMI ]ars · ($7: 500.OO .... ), to protect the City n~: Cnp?l ] against the result of faulty materials or workmanship for a period of ~eOyear from and after the date of the completion and acceptance of same, NOW, THEREFORE, if the said McFadden & Miller, Inc. of the completion and acceptance of same by said Ci ~'y oF Cop?l 1 .qhall for a period of c~Oyear from and after the date replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. 360027--4.66 McF~Miller~ f~ Amereian Automob'ile Insurance Company Rosemary Weaver, Attorney-in-fact Atrophy AMERk, AN AUTOMOBILE INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN AUTOMOBILE INSURANCE COMPANY, a Corporation duly organized and existing under the laws of the State of Missouri, and having its principal office in the County of Matin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appoint JOHN Ro STOCKTON, ROSEMARY WEAVER, L. RAY PITTS, BEVERLY HAYES, jointly or severally DALLAS TX its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognizances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of AMERICAN AUTOMOBILE INSURANCE COMPANY now in full force and effect. ~Article VH. Appointment and Antfloflty of Resident Secretsrles, A ttorney-i~.F~ct :md A~ents to sccept LegM Process ~d M~ke Appesnmce$. Section 4~. Appointment. The Chairman of the Board of Directors, the Pr~ldent, any Vice-President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice-President may, from time to lime, appoint Resident Ansistant Secrst-ries and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal proems and make appearances for and on behalf of the Corporation. Section 46. Aothor/W. The authority of such Resident Assistant Secretaries, Attorneys*in*Fact and Agents shall he ss prescribed in the instrument evMencing their appointment. Any such appointment and ail authority granted thereby may he revoked at any time by the Board of Directors or by any person empowered to make such appointment.' This power of attorney is signed and sealed under and by the authority of' the following Resolution adopted by the Board of DiFeetoFs Of* AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and l'.eld on the 31st day of July, 1984, and said Resolution hu not b~n amended or repealed: "RESOLED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be af*fLxed or printed on any power of* attorney, on any revocation of any power of* attorney, or on any certificate relatins thereto, by f*acsimilc, and any power of attorney, any revocation of' any power of* attorney, or certificate bearing such facsimile signature oF facsimile seal shall he valid and bindins upon the Corporation:' IN WITNESS WHEREOF, AMERICAN AUTOMOBILE INSURANCE COMPANY has caused these presents to be signed by its Vice-President, and its corporate seal to be hereunto affixed this 2 ~ r h day of By STATE OF CALIFOR. N[A COUNTY OF MARIN I m. January ,1996 AMERICAN AUTOMOBILE INSURANCE COMPANY Onthis 2 6 thdayof January ,19 9 6 , before me personally came M.A. Mallon¢¢ to me known, who, being by me duly sworn, did depose and say: that he is Vice-President of AMERICAN AUTOMOBILE INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of 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. IN WITNESS WHEREOF, I have hereunto set my hand and affLxed my official seal, the day and year herein first above written. COMM. # 1 0451 1 2 NOTARY PUSLIC-CAI. IFORNIA MARIN COUNTY STATE OF CALIFORNIA COUNTY OF MARIN CERTIFICATE mo I, the undersigned, Resident Assistant Secretary of AMERICAN AUTOMOBILE INSURANCE COMPANY, a MISSOURI Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 4~ and 46 of the By-laws of the Corporatic.~, and the Resolution of the Board ~ Signed and sealed at the County of lV,.,.,in. Dated the ~ day of ~ ~f~Direct.~rs; set forth lathe Power of ...... Attorney, are now in force. 19t~I -~, 360711-AA-3-95 Firemanh Fund IMPORTANT NOTICE To obtain information or make a complaint: You may call Fireman's Fund's toll-free telephone number for information or to make a complaint at 1--8OO--527--5787 You may also write to Fireman's Fund at: P. 0. Box 2519 Dallas, TX 75221 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. 0. BOX 149104 Austin, TX 78714-9104 FAX #(512) 475-1771 PREMIUM OR CLAIM DISPUTES : Should you have a dispute concerning your premium or about a claim you should contact the agent first. 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. AVI SO I MPORTANTE Para obtener informacion o para someter una queJa: Usted puede llamar al numero de telefono gratis de Fireman's Fund's para lnformacion o para someter una queJa al 1--800--527--5787 Usted tambien puede escribir a Fireman's Fund: P. O. Box 2519 Dallas, TX 75221 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al 1--800--252--3439 Puede escribir al Departamento de Seguros de Texas P. 0. BOX 149104 Austin, TX 78714-9104 FAX #(512) 475-1771 DIS PUTAS SOBRE PR I ~¥~;%S O REC~-~b~OS .- Si tiene una disputa concerniente a su prima o a un reclamo, debe comuntcarse con el agente primero. St no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA= Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. 485616-9-89 BOND NO. 0]5005739 P"~"I UM: $600.O0 NAME OF PROJECT & LOCATIONz PARK WEST II 1110 EXECUTIVE DRIVE, COPPELL, TEXAS BOND PUBLIC WORK CONSTRUCTION CONTRACTOR'S MAINTENANCE BOND THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS THAT WE, HIGHLAND FIRE PROTECTION COMPANY , as Principal and AMWEST SURETY INSURANCE COMPANY , ss Surety, . acknowledge for the benefit of any person, firm or corporation injured by a breach of the term hereof in the sum of PLEASE SEE ** Dollars (50% of the total contract price) for the payment of which well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, by these preeentat ** EIGHT THOUSAND NINE HUNDRED SEVENTY TWO AND 00/100 ($8,972.00) The conditions of this obligation, however, are such that, whereas· the Principal has entered into a contract for the purpose of excavating, laying, constructing, building, repairing, rebuilding, grading, graveling, paving, surfacing, resurfacing, or doing any work in or upon any public street, alley, easement or thoroughfare within the corporate limits of the City of Coppe].l , and where the Code of Ordinances of the City of Coppell requires an indemnifying bond in the sum of $8,972.00 Dollars (50% of the total contract price) of persons performing such work within the City of Coppell which sections of said Code of Ordinances are made a part hereof for all intents and purposes. This obligation is further conditioned that the Principal maintain such work in a good and workmanlike manner and state of repair for a period of two (2) years from and after its completion and written acceptance by the City of Coppell. NOW, THEREFORE, if the said Principal shall well and sufficiently indemnify and hold harmless the city of Coppe].l against all costs, claims, expense or damages of whatsoever kind or character, whether res/ or imagined, resulting directly or indirectly from such Construction work which may in any wise accrue against the city of Coppell in consequence of the operations covered by the permit issued to the said Principal, under the provisions of the aforesaid Code Of Ordinances and shall comply with all rules and regulations promulgated by authority thereof during the term hereof, in such event then this obligation shall be null and void, otherwise, to remain in full force and effect. It is understood and agreed that this bond may be sued upon in the name of any person, firm, or corporation injured by any act constituting a breach of the conditions hereof, and that the same shall not be void upon one recovery but may be sued upon from time to time until the whole amount of the penalty is recovered. It is expressly understood, however, that the coverage provided under this bond shall not extend to include any claim of any nature whotea~ever arising under and coming within the terms of the Workmen's Compensation Act of the State of Texas. The execution of this bond by the duly authorized agent of surety shall be deemed conclusive of its liability hereunder irrespective of any defect of the execution hereof by Principal. IN TESTIMONY WHEREOF, witness our hand this 13TH day of MA~ · 1996 HILB ROGAL & HAMILTON OF DALLAS (RF~$IDENT SURETY) 5520 LBJ FREEWAY, STE 600 (address) DALLAS, TEXAS 75240-6294 (214~ 385-9922 (Local Phone Number) Principal: HIGHLAND FIRE ]:)ROq"R~'"'~Tnld ~mMPANY Address* P.O. BOX 550847 DALLAS. TEXAS 7355-0847 Telephonet 214-341-9377 AMWEST SURETY INSURANCE COMPANY (Main Insurance Company) 123]_ GREENWAY DR., STE 420, IRVING, TX 75038 214-580-8666 Suret~ (Power of attorney) to be attached LANNIE MCCLAIN ATTORNEY-IN-FACT 'LIMITED POWER OF ATTORNEY ~IILATION DATE Amwest Surety Insurance Oompany 1-04-97 0000553422 READ CAREFULLY This document is printed on white paper containing the artificial watermarked logo (~) of Amwest Surety Insurance Company (thc "Company") on the front and brown security paper on the back. Only unaltered originals of the 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 gnvemed by the laws of the State of California and is only valid until the expiration date. KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a California corporation (the "Company"), does hereby make, constitute and appoint: VIVIAN CAMPBELL JEANNIE WILLIAMS tIC W. STEWART LANNIE MC CLAIN AS EMPLOYEES OF AMM/EST SURETY INSURANCE CO its true and lawful Attorney-in-fact, with limited power and authority for and ot~ behalf~ thereto ifa seal is required on bonds, undertakings, recognizances, reinsurance agreement for a the nature thereof as follow: Bid Bonds up to $*'5,000,000.00 Contract (Perfornmnce & Payment), Court, Subdivision $*'5,000,000.00 License & Permit Bonds up to $*'5,000,000.00 Mfacelhneous Bonds up to $*'5,000,000.00 Small Business Administration Guaranteed Bonds up to S**1,250,000.00 abligations in and to bind thc company thereby. This appointment is made under and I I, the undersigned secretary of Amwest Surer) force and effect and has not been revoked and furthermore. provisions of the By~Laws of thc Company, are now in BondNo. 015005739 This POA is signed and sealed by Company at a meeting duly held on RESOLVED, that the President ~ authorit~ of the Company to revoke any POA RESOLVED FURTHER (i) when signed b) (ii) when signed by the President authorized attorney-in-fact or (iii) when duly executed and: by the power of attome RESOLVED FURTHER, 1975: hll force and effect. ' remains in full and that the relevant Karen O. Cohen, Secretary by thc Board of Directors of Amwest Surety Insurance , Assistant Secretary, may appoint attorneys-in-fact or agents with for and on behalf of the Company, to execute and deliver and affix the seal of all kinds; and said officers may remove any such attorney-in-fact or agent and t and bind upon thc Company: sealed (ifa seal be required) by any Secretary or Assistant Secretary; or Assistant Secretary. and countersigned and sealed (ifa seal be required) by a duly ~'one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced ompany to person or persons. ' authorized officer and the seal o£the Company may be affixed by facsimile to any POA or certification thereof authorizing thc execution and dc t bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effeet as though manually affixed. IN WITNESS WHEREOF, Amwest Surety Insurance Company has mused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 8th day of September, 1995. State of California County of Los Angeles On September 8, 1995 before me, Peggy B. Lotion Notary Public, personally appeared John E. Savage and Karen G Cohen, personally known to me (or proved to me on the basis of satisfactory evidence) te 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(ies), and that by his/her/their signature(s) in ene n o e nf n h Ill. IlIA,' ' .... l ! of which the person(s) acted, executed the instrument. WITNESS ~and and official seal., Signature I l) tDO~'~t-~. ~ ~~, · e~,y~. Lofton, No~ ~ 6321}(an4,4a Xscnnc I'(.,l()flicclh)x45011 XXoodhln(lllill,.( X 91305-45111l II.].SI871)4-Illl R