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Park West CC(4)-CS 940728July 28, 1994 Ed McGuire Bob Moore Inc. 1110 North Watson Road Arlington. Texas 76011-3188 RE: M J Design Final Acceptance Dear Mr. McGuire: A final inspection of the above referenced project has been confirmed by representatives of the City of Coppell. The one-year maintenance bonds and as-built drawings have been received from the contractor. Maturity on the bonds will be one year from the date of this letter. Maturity on the Erosion Control Bond will be two years from this letter. Construction Inspector cc: Kenneth M. Griffin. P.E., Assistant City Manager/City Engineer Greg Jones. Building Official Howard Pafford, Water Superintendent Rey Gonzales. Street Superintendent Jim Maddox. Maddox Construction Lynn Wesley. Potter Concrete Troy Musson, Bob Moore. Inc. Troy Glidewell, Fire Marshal file:ldavis, finalacc.ltr Froper~&L,ab,h~ ST. PAUL MERCURY INSURANCE COMPANY Iosu~nce St. Paul. Minnesota ST. PAUL GUARDIAN INSURANCE COMPANY St. Paul, Minnesota Capital Stock Companies MAINTENANCE BOND Bond No. 4000N7500 KNOW ALL MEN BY THESE PRESENTS, Thatwe. Potter Concrete Co., Inc., 4820 Gretna, Dallas, lexas 75207 __ (hereinafter called the "Principal") as Principal, and the St. Pau 1 Mercury Insurance Company , of the City of St. Paul, Minnesota, a corporation duly organized under the laws of the State of Minnesota, and duly licensed to transact business in the State of lexas (hereinafter called the "Surety"), as Surety are held and firmly bound unto City of Coppell, Coppell, Texas (hereinafter called the "Obligee"), in the sum of One Thousand and no/100 ......... ($ 1,000.00'* ) for the payment of which are x~ell and truly to be made, we, the said Principal and the said Surer.',; bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and sealed this ...1.4.~.h. ...... day of ...... .d.N.l.y. ...................... 19.9..4. ..... THE CONDITION OF THIS OBLIGATION is such, that Bob Moore Construction, Inc. WHEREAS, the said Principal has heretofore entered into a contract with )~lT(~8~(eve dated 1/17/94 , 19 .......for M.0. Desi§ns, 500 Airline Dr., Coppel], Texas 75019 WHEREAS, the obligee has requested that said work be ~uaranteed a~ainst failure because of defective workmanship or material, performed or furnished by said principal for a period of one '~ 1 ) years from date of completion and accept- ance, 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. I~ 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 militar>; nax al or usurped poxver, insurrection, riot or civil commotion, nor an.,,' 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 One Thousand and no/100 ($1,000.00) .......................................... Dollars. No right of action shall accrue upon or by reason of this obligation, to or for the use or benefit of any person, firm or corporation, other than the obligee herein named. P_OTT_E.P,- CONCRFJ-E CO,',., INC. ST. PAUL MERCURY INSURANCE COMPANY --~/ .. '/incipal Surety · Micnele Degnon Attorney-in-Fact '7818 Rev. 4-88 Printed in U.S.A. ST. PAUl. MERC[.'RY INSI/RANCE COMPANY ('ERTIHC.¥1'E OF '.eblmUl -*'~ TT'ashin~ton Street. S,. Paul. Minneso,a ~--" au, ,O,ITY %(,. CERTIFIED For xerffication or' :he aut:.~.,[iclIy of lhl- Pox~er of .M:orne5. 5od ]nab tek?hone :,>1[ t'ye~ 800-z21-588(" a::d d-k :'or COPY NO. ~he Po~er of Ar:omc> Clerk. Pica>e refer h.) :he (Ye~it':c.ite of .~tuh~,ntx No. and the nameci md~x klu;d, ,.. .~ - . ~.~ -, ~ ~ GENERAL POI¥ER OF AITORNEY - CERTIFIED COPY M-00250 I Original on File at Home Office of Company. See Certification. } KNO~¥ ALL MEN BY THESE PRESENIS: Tha~ St. Paul Mercur} Insurance Compan). a corporanon orgamzed and ex>ting under the ~.i~- of ~hc S~.ue ef Minnesou. having it~ pr,no,pal off, ce m the C~t> of SI. Paul. Minnesota. doe~ herebx conqhme and appo:nt: Tom P. Ellis, III, Michele Degnon, individually, Dallas, Texas its true and la~`.ful attorne.','~s~-in-fact to execute, seal and deliver for anti on its behalf as surer}, an) and all bonds and undertakings, recognizances, contract, o( indemnit) and other `.',firings obligatoD ~n the nature thereof, v, hich are or max be allo`.ved, required or permitted b) la'.,,', statute, rule. regulation, contract or otherx`, ise. NOT TO EXC~B IN P~KLTY THE SL~ OF TEN M~.T.Iflq DOLLARS ($10,000,000) EACH and the execution of all such instrumenn,) in pursuance of these pre~,ents, shall be as binding upon said St. Paul _Mercur.~ Insurance Company, as fully and ampi), to all intents and purposes, as if the same had been dui) executed and acknow [edged by its regularl5 elected officers at its principal office. This Power of Attomex is executed, and may be certified to and may be revoked, pursuant to and b} authont.v of Article V.-Section 6tC,. of the By-La'.~ the Shareholders of S'l:. PAUL MERCURY INSURANCE COMPANY at a meeting called and held on the 28th da) of April. 1978. of v, hich the follov, ing ~s a rote transcript of said Section 6 ;C}: "The President or any Vice President. Assistant Vice Pre:,ident. Secretao' or Service Center General Manager shall have poger and authority ~ I ~ To appoint Attomey:,-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 ,ndemnil.v and other writings obligatory in the nature thereof, and ~21 To appoint special Attorneys-in-fact. who are hereby authorized to certit)' to copies of an) power-of-attome.,, i:,sued in pursuance of this 5ecnon and;or an5 of the B.%-Laws of the Compan). and i3~ To remove, at an5' time. any such Attome)-in-fact or Special Attome}-in-fact and re'.'oke the authority given him." Further. this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted al a meeting duly called and held on the 121h day of December. 1967. of v, hich the following is a true excerpt: "Nog' therefore the signatures of such officers and the seal of the Compan} may be affixed tn ann such power of attorney or an)' certificate relating thereto by facsimile, and an5 such pov, er of attorney or cemficate bearing such facsimile'signatures or facsimile seal shall be vali(~ and binding upon the Compan) and any such power so executed and certified by facsim,le signatures and fac.qmile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." ~t,t~~~ IN TESTIMONY WHEREOF. St. Paul Mercur3' Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 30th da', of November. A.D. 1990. /,.,* ;.'~,o,,, 0 ,,,u-)'~%\ ' ' ! x :: -o- - '~ o ~ ST. PAUL MERCURY INSURANCE CO.%IPANY %%'., SItAL..-ff/ · ,~". .... .-'2,,~ "'  SIAIE OF NEW JERSEY Count): of Sommerset J ss. MICHAEL B. KEEG.-{'N. Secretarx On this 1 5th day of July , 19 9 3 before me came the ~ndividual who executed the preceding instrument, to me personally knov, n. and. being by me duly sworn, said that he/she is the thereto described and authorized officer of St. Paul Mercury Insurance Company; that the seal affixed to said instrument i~, the Corpnrate Seal of said Company: that the said Corporate Seal and his:her signature '.,.ere duly ~]ffixed by order of the Board of Directors of said Company. IN IESIIMONY WHEREOF. I haxe hereunto set my hand and affixed m.,, Official Seal. at the toy. re, hip of Bedminster. New Jerse). the das and ,,ear first above `.,.ritten. LINDA SME"T+}E~'. Notary Public. Middlesex. NJ M) Commission Expires December 16. 1996 CERTIFICAIION [. the undersigned officer of St. Paul Mercury Insurance Company. do herebx certify that I have compared the foregoing cop)' of the Power of Attorney and affida'dt, and the copy of the Section of the By-Lads of sa,d Company as set for:th in s~,d Power of Attorney. with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY. and that the same are correct transcript~ thereof, and of the v. hole of the sai~l originals, and that the said Power of Attorney has not been revoked and is no,,. in full fbrce and effect. /~-°'~\ IN TESIIMONY WHEREOF. [ have hereunto ,et. mx-. hand this ~ 1.4'1:h da: t,f_ du'l,y . ~9 94 roy e. sEYMour..~,ss,, secretar: On].,. a certified cOP) of Pov,'er of Attome.x bearing the Cerlij"icate or' AuthnrJty No. Prirlted in red on the upper right corner *s binding. PhotocoPies. carbon copies or other reproductions of this dc, cumem are in'. ahd and not binding upon the Cornpan). ANT' INSTRUMENT ISSUED IN EXCESS OF THE PENALTY A.MOL'NT STATED ABOVE IS TOTALLY VOID AND T¥1'IHOI.'T ANY VALIDITY. 31801 Rev. 5-92 Printed in U.S.A. ~ ~.~ --~-~. .-- MAINTENANCE BOND t0uD Nb&tBER .).8~)~.~.~?m~m~.~9.~-1 ....... (hereinafter called the Prmc;pa!~, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a ~arymadd corporat;on :hereh~aUer cam)ed the Coppell, Texas 75019 ~o/100 for site utilities for the ~J Des~ns located at 500 AirlSne Drive, Cop~ell, TX . ................................................................................................................................................................................................................................. ~. . '.~'. ShOuld guarantee the project free from defects caused by faulty wo(k,~ansl)lp and materials for a period of _.one_ years, Eerie'al wear and tear excepted. NOW, THEREFORE, if the said p~oiect shall be free from defects of workr~anship and materials, 8ener~l wear and tour excepted, for a pe~'iod of Q.~ years, Ihen this obligation sha)l be null and void; olhemwise to ren'ain in full force and )ffect. Ma~~nst~uction, Witness as to .............................................................................................../ y (Seam) -'-.":., r, '.'.. .r~.'. :'~, ...' - '~ -. -~.- - ~,' '...' :- ~( ..... - -/~ 752305 UNITED STATES FIDELITY AND GUARANTY COMPANY POWER OF ATTORNEY NO. 106994 KNOW ALL ,'VIEW BY THESE PRESEN'I~: That L.~rrED STATES FIDELITY AND GUARANTY COMI'ANY. a corporation or~a~zed and existing under the laws of the Sta~ of Ma~land md having its principal office a~ the City of Baltimore, in the St,ue of .'vfa~l~,,d. does hereby constitute md appoint Gary B. McElroy, Linda F. Hughes, Tracy L. G'[f~:ord, Bonnie S. Wyatt and Linda W. S±nku oftheC~tyof Fort Worth .Sh~eof Texas its true and lawful Attomey(s)-ia-Facc e-,-h in tbeir separ~e c~oacity if rao~e than omc is a~.ned above, to sign its name as surety to, and to execute, seal and acknowledge any and all bomds, uadeltaki,,gs, contracts and other va4t~en i~mments it, the n,mte thereof or, behalf of the Company it, its business of guaranteei,,g the fidelity of persons; guaranteeing the performance of cot,tracts: mad executing or guamateeia$ bonds and uedettaki,,gs requh~d or pertained it, any ac~iot,s or proceedings allowed by law. la Witness Whereof, the said UNITED STATES FIDELITY AND GUAP, A.NTY COMPANY has caused this i~stnuneat to be sealed with its co,pome seal. dulymlestedbythesignamresofitsSeniorViceP~sid¢,,~sodAssistaatSecretary, this 29th dayof January ,A.D. 19 93. O b~wrrEo ST^TES FIDEU'm' AND GL'ARAN-m' COM~'A.WY (Sis~'d) By. ~ ($ign~) ~ ........ ~ ..... x~O Assis~aat Secreta~ STATE OF MARYLAND) , C., X o~t~29th ~of January .~,~)A.O.~9 93, befo~.m.~,~llyc, u--- Rob~'t J. Lamendola , Se,,ior Vioe Pwsid~t oftht, uNrFED STATES FIDEI,/~AIVD GUARANTY CO~d Paul ~'imS , Asals~ll Lamendola ~ P~a~][~'I~. S ires .,~ ' wer~ .,.~z ~ Se~or vic~ Pre,de= ami the Aseisttat Sec~-'tary of ,he .,~ umTE~ STAlin ~Dm.nV A~hU,mAmV COMPS, co,po,,,~ot, d,,,.~t i~;~-,~ e,.-~,ed the foregning ~'owe, of A~,,~,y; ~ of said corporation, and th-~ they signed their ,,ames the~e~.b~ like onler as Senior Vjoe lt~m~,e and Assis~mat Secretly, respectively, of the Company. My Commi~o~,~,,the llth ~d~ia?~..March x~ A.D. ~9 95- This Power of Attorney is ~rmted under ~y imherity of the following Resolutions adopted by the Board of l)i_,v:tor~ of the UNITED STATES FIDELITY AND GUARANTY COMPANY ot, S~temher 24, 1992: RESOLVED, tim ia coa~ectiot, ~ the fidelity aad surety i-sorance business oftbe Company, all bot,ds, ueder~k/ngs, contracts and other insuuments relating to s~id busiaese rmy be signed, executed, ami aclmowledgsd by persom or et,tities appoiated u A~omey(s)-ia-Fact porsu~at to · Power of AUomey issued ia accordance with these resolufiom. Said Powers) of Mtomey for and ot, behalf of the Company may and shxU be executed ia the name amJ on behalf of the Company, either by the chamma, or the Pwsidem~ or aa Executive Vice P~esidet,k or t, Senior Vice Presidect, or · Vice President or an Assis~at Vice Presidet,~, joimly with the Sec~taO' or aa Aseis~m Sec~,~try, under their respective designafiot,s. The sipmue of such officers m~y he engraved, primed or lithogr~hed. The sign~tue of each of the foregoiag officers ~d the seal of the Company m~y be ztr~xed by facsimile to any Power of Attorney or to any cenific~e ~lating thereto ~ppoiating A~omey(s)-i,~oFact for purposes o~dy of executing ami a~es~ing bonds and ueder',,~kings and otber writings obligatory in the mute thereof, and, unless subeequet,tly revoked and subject to any limltaZioas set forth therein, aw/such Power of AUomey or certificam bearing such facsimile sig;~mre or facsimile seal ~ be vaUd ami bit,ding upot, the Compaw] ned any such power so executed and cemfied by such facsimile sig~ure and facsimile seal shall be valid and bit,ding upon the Company with respoct to any boed or ut,dep*kiag to which it is validly ~bed. RESOLVED, tim Attorney(O-ia-Fact shall have the power and authority, unless sobse~Tae-tly revoked and, ia any c. ue, subject to the term~ ~d of the Power of A~omey issued to them, to execute and deliver on behalf of the Company and to gtach the send of the Company to any mui ali boeds and uede~t~,klaSs, ami other writings obU~mory ia the ~rure thereof, and any such iasa'ument executed by such Atlomey(s)-ia-Fact shall be as binding upo~ the Company ~ if signed by aa Executive Offioer and sealed and atte~ed to by the Sec~,uy of the Company. I, Paul D. S J. ms , aa Assist Secrem7 of the L~NTrED STATES FIDELFrY AND GUARANTY COMPANY, do hereby certify tlmt the foregoing is · tree exceq~t from the Resolution of the said Company as adopted by its Bo~d of Dit~ors oa September 24, 1992 ~d tim this Resolution is ia fuU force and effac~ I, the undersigned A~t Sacrem~] of the UNII~D STATES FIDELITY AND GUARANTY COMPANY do bereby cez~ffy that the foregoing Power of AItomey is ia full foroe and effect aad Ires not been revoked. la Te~imo~y Whe~of, I have hereut,to sct my hand and the ~ of t~NITED STATES FIDELITY AND GUARANTY COMPANY ot, this ]..,% Ch d·y Assistmt Secrett~y FS 3 (IO-92)