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Peninsulas-CS 960109 Coppell, Texas 75019 __Y478With A Beautiful Future 214-462-0022 Coppell, Texas 75019 January 9, 1996 Tim House 5220 Spring Valley #500 Dallas, Texas 75240 RE: Peninsulas of Coppell Final Acceptance Dear Mr. House: A final inspection of paving and utilities for the referenced project has been conf'u'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: Kenneth M. Griffin, P.E., Asst. City Manager/City Engineer Howard Pafford, Utilities Superintendent Per Birdsall, Interim Street Superintendent Greg Jones, Chief Building Official Jeff Jones, Fire Marshal Doug Stevens, Engineering Technician Gary Carruthers, Carter and Burgess Bub Murray, Murray Construction XIT Paving file/ldavis/peninsls, fin Fidelity and Guaranty Insurance Underwriters. Inc. Baltimore, Maryland A Stoc~ Coml~ny Maintenance Bond 8ond Number ........................ XlT Pavina & Construction Tnc. Know All Men By These Presents, That we ..................... .~ ..................... ' ..................... (hereinafter called the Principal), and the other undersigned an Wisconsin corporation (hereinafter called the Sure~), are held and firmly bound unto ....... C. !.t.y....o.f...C.o..p.p.e. ! .1.,...T.e.x..a.s. ................................................ (hereinafter called the Obligee), in the full and just sum of-.-.-.::..N.j.n.e..t~...T.w.o...T.h..o.u.s..a.n.d...S.e.y.e.n...H.u.n..dxe..d ..... F'.! ?.t.y...a.. n..d..n..o/. ! .0.0.. T.-.-..-.-. ................................................................. Dollars, lawful money of the United States, for the payment of which, well and truly to be make, we bind ourselves, our heirs, adminisu'ators, executors, successors, and assigns, jointly and severally, firmly by these Ixesents. Whereas, said Principal has en~ar3d into a certain contract wiLh the 0bligee dated ...... ~.~y.i.!..7. :..3.9..9.5.... ....P..ax! .ng.. ~.m..o..rp.v..e.m.e.n..t.s...t.o.. ?.eh..i.n.s..u].a..s..o.f..q .opp. e. ].l ......................................... which contract has been or is about to be completed and accepted. And Whereas, specifications and contract provided that . .X.I.T..P.a..v.i.n. ?..&...C.o..n.s.t. ~.u.c~ .t.~.o.n..,..~ .n.c... ...... should guarantee the [xoject free from defects caused by faulty workmanship and materials for a period of years, general wear and tear excepted. From Date of Accet~tance Now, Therefore, if the said project shall be free from defects of workmanship and materials, general wear and tear From Date oF Acce~tanc~ excepted, for a period of TWO years, then ih~s obligation s6alll~e nuuand void; otherwise lo remain in full force and effect. Signed, sealed and delivered ...S.e. 9.t.e.m.b.e.r. 29, 1995 Witness as to XIT Pavine & Construction, Inc. ............................................. Fidelily and Guaranly Insurance Underwritr, rs. Inc. (a Wiscm'Lsin Co~po~ation) ./- .............................................. \. . -..-< ....... ,,<'..~. ~. .... -. ........ .,7-~,-¢ .............. Fran Standri dge Atto.ney-in-fact Contrac1510 (8-94) Fidelity and Guam~ Insurance Company No. 9267 Fran Standridge d~e CAyd Dallas . Sta~ d Texas .qemed above, to sio~ ils name as ~umy to. and to ~m~Ak ~el aad actno~dedo~ any and all bond~, umdmakine~. ~ ~ ~ mmm ~ ~ ~ ~ ~ si~d=~~~~-f,~b 14th ~ April ,~.1995 . {~ .. . ~"}'¢~ ............ ....................... ~~ ) ~ 14th ~d April .... ..~ .~D. 19 95 ~ ~~~ llth ~ ?'-~rch ~.ffi~. ' f~ ;~ .~: .... ~.~~~ .......... '~ ~l~ ~ h ~ ~. ~ a~ ~ ~ ~ a~ s~ a~ a~to ~ ~~ ~. I.~ J. F~,an ~ S~ ~ ~ ~ i~ ~ I~ I, ~ ~ ~ ~ ~ ~ ~ i ~ Imm - ~T~~. I ~ ~o s~ ~ ~ ~t~ ~i ~ ~ id G :_-- ~ ~ ~ LX- First Community Insurance Company _-- .~ .F. ~ ~-=_ [_~___~_..~_~ _~ 2425 North Central Expressway. Suite 458. Richardson. 'Texas 75080 214/480-0120 800/577-4077 Bond 31 -00380 MAINTENANCE BOND KNOll; ALL BY THESE PRESENTS, That we, MURRAY CONSTRUCTION CO. , INC. 515 NORTH KEALY AVE., LEWISVILLE, TEXAS 75057 as Principal, and F~P~T ~ ]~XlSURANC~ CCIvlP~ , a corporation organized under the laws of the Stare of ~ YoI~ and duly authorized to do business in the State ot TEXAS , as Surety, are hold and firmly bound unto CITY OF COPPELL as Oblige, ~,, thepa~lsamo! ONE HUNDRED ONE THOUSAND FOUR HUNDRED SEVENTY SIX AND 62/100 ($ 101 ,476.62 ), 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 sevarally, firmly by these presents. WHEREAS, tho said Principal .ntered into a Contract withxl~ COPPELL PARTNERS, LTD. 9000 GULF FREEWAY, 3RD FLOOR, HOUSTON, TX 77017 dated May 12, 1995 WATER, SANITARY AND STORM PENINSULAS OF COPPELL FORMERLY MACARTHUR PARK COPPELL, TEXAS NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarante~ that the work will be free of any c~efective materials or workmanship which become apparent during the period of Two ( 2 ) your(s) following completion of the Contract then this obligation shell be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether ezpreesed or implied i.~ ezt~g~i by the Principal or Manufacturer only, and tim Surety assumse no liability for such a gu~raame. Signori, saaled and dated this 28th day of September, 19//9~3-~. .... - ,.. TRU¢~ CO. , INC.(SeeD ~Wi~) ~' FIRST COMMUNITY INSURANC~ COMPANY ' .... 31-00380 -'ower of Attorney KNOW ALL MEN BY THESE PRESENTS: That First Community Insurance Company, a corporation created by and existing under the laws of the State of New York having its principal office in the City of Bedford, New York, does hereby nominate, constitute and appoint:. *Pauline L. Leach and/or Clem F. Lesch* of the City of Lewisville Denton County, State of Texas , each its true and ]awful, Attorney-in-Fact, with full power and' authority conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety as its act and deed, any bond, undertaking, consent or agreement, not exceeding $2,000,000.00 which this Company may be authorized to write. The First Community Insurance Company further certifies that the following is a true and correct copy of Article VI, Section 4 of the By-Laws duly adopted and now in force, to wit: SECTION 4, AUTHORIZED SIGNATURES. All deeds, bonds, mortgages, contracts, and other instruments requiring a seal, and ail indorsements, assignments, transfers, stock powers, bond powers or other instruments of transfer of securities standing in the name of the Corporation, and all proxies to vote upon or consents with respect to shares of stock of other companies standing in the name of the Corporation may be signed or executed by the Chairman of the 8oard or by the President or by any other officer authorized to sign such instrument by the Chairman of the Board or by the President or by tile 8oard of [~[rectors. IN WITNESS WHEREOF, the First Community Insurance Company has caused these, presents to be signed by.its:Presideo! and its Corporate Seal to he affixed by its Secretary this q~-h day of gept. emhe?' / ,19 q4..' ,.'..'~ - ~ L .. ". L~ . i'. C, BfKfistin Delan~TSecretary David'K."Til1~e'han, Preside t :..."".'. ~ '~' ' , ,." ."...: This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Read ut~.:~i, ado~te~-~y t~e ~ard of Directors of the First Community Insurance Company at its monthly meeting held in August 1994. ' ' .' ,.:.,:.,,' ....... '" RESOLVED, that the signatures of the President and the Secretary and the Seal of the Corporation may be affixed to any Power of Attorney or any certified copy thereof or any certification relating thereto, by facsimile and any Power of Attorney or any certified copy thereof, or any certification relating thereto bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Corporation in the future with respect to any bonds, undertakings, recognizance or contracts of indemnity to which it is attached. STATE OF FLORIDA ) ) SS. COUNTY OF PINELLAS ) BEFORE ME, the undersigned authority, personally appeared DAVID K. MEEHAN and 6. KRISTIN DELANO who acknowledged themselves to be the President and Secretary of First Community Insurance Company, a Florida corporation, and they as such President and Secretary being authorized to do so, executed the foregoing instrument for the purposes therein c~ntained b'/signing the name of the corporation by themselves as President and Secretary, and that said secretary affixed thereto the seal of the corporation and attested to the execution of the foregoing instrument. IN WITNESS WHER~,l~li,&~JLereunto set my ha_n.d_a.nd,.,Teal,~ 9th day of September , 199_4_. ,.:;,,~,,~,,,, ~,...,,n o Notary Public ~J I, the undersigned, Secretary of First Community Insurance Company do hereby certify that the original Power of Attorney, of which the foregoing is a full, true and correct copy, is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretar~ the corporate seal of the Corporation this (SEAL) - ~. Kr'~in Delano, Secretary G:\SURETYkPOWERkAugust 26, 1994 CITY OF COPPELL ,.I.E. NO._~.£~~ Prepared byL~.,~-~ JOURNAL ENTRY Approved by POSTED BY; FUND: DATE; //--~,- - ?~'- DATE: DESCRIPTION ACCOUNT DR. CR. NUMBER ~ -~~,.~,A~_~,~/ /~-oo.oo-~o ~ ooo. oo TOTAL WODTO, INC. 5220 Spring Valley #500 Dallas, TX 75240 Phone: (214) 934-0123 Facs. #: (214) 980-2421 TRANSMITTAL COVER SHEET TO: Name Mr. Ken Griffin Company Assistant City Manager / City Engineer Location City of Coppell, Texas Phone # Facs. # FROM: Name Tim House Company WODTO. Inc. Location 5:z','~ ,S0dng V~lley Road ~ Phone # (~14)934-0123 Facs. # (214~980-2421 DATE: November 01, 1995 NUMBER OF PAGES BEING SENT: This page plus check (Including this cover sheet) by hand delivery. PROPERTY/PARTNERSHIP: Peninsulas of Coppell (Please make sure to note thisl) COMMENTS: Please find submitted herewith a check ~n the ~mount of $4,000.00, which represents 100% of the erosion control costs incurred at the referenced project. Please note that the future repayment of all or part of this deposit will be to Coppell Partners, Ltd. (a Perry Homes entity), P.O. Box 34306, Houston, Tx. 77234. Thank you. ~~~ Tim House for Perry Homes 0 .~ >1,1 . '.. i- = ~ ~ "" ~ll . -~ ~ ~ .. . ' ~ ~f. ..' -- ~ ,~[ I i '' ~ ' ~ ~;" · . ~ ~ '~::~ · ~ ~ ~..'- '~h ',~ .;~:}. -- o ~ .~.~- -. j o - , :..~.. ~ e .. i.~,. ~ ~- I ' , ~'t' ~* ;,::i~ ~ =. ~ -~'~., ,~ '.: ~-,'~. ~ ~ .,~.~. / · :... T · '~ :. ". ' "6 -~ ~.. . . ~ . ~ '." o o -I~ ' -I ~ ~ '~:" -~. I ~ 0 .;. ~ ~ ~ , '. _ ?~'~-', . " ~ Z . .:- . ~ , ~ ~ ~ ... ,.~; .... , · ,,~,['.- : . .'-. '~.~.. -- : .:'~ . "... .~,~. -? " -~ ~.. , .~' ~'t. '~., , · .. :: - {~: .'~ ,'~:-~ .,. ..., ., .... ~, .-~' ..,:~.-.. :.. ¥- . .:.: ~.. BOND NO. 22-000-306 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Site Concrete. Inc.. 3328 Roy Orr Blvd.. Grand Prairie, TX 75050 as Principal, and Liberty Mutual Insurance Company as Surety, are held and firmly bound unto City of Coppell Obligee, in the full and just sum of Four Thousand Eight Hundred Seventy Five and 00/100 ($4,875.00), 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 January 16. 1996 for Reconstruct Median and WHEREAS, Obligee provides that the Principal will furnish a bond conditioned to guarantee for the period of Two (2) yews after approval of the tinal 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 THE 26th DAY February, 19 96. ~h~ ~ ~ Site Concrete, Inc. (Witness) (Principal) By: (/~'~',~fl~ (~. L~Ya....~ Liberty Mutual Insurance Company? (Witness) / (Surety) Michael B. Hill, Attorney-In-Fact T.iS POWER OF ^TTOR.EY .eT V U.LESS ,T S.R,.TEO O..EO BACK ' 2 8 5 3 5 5 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, MASSACHUSETTS 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-law and Authorization hereinafter set forth, does hereby name. constitute and appoint, WILLIAM D. BALDWIN, W. T. RAGSDALE, 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 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 · i .~FVI=NTY-FIVI= MILLION"********** ............ DOLLARS ($ 75,000,000 ........ ) each, and the execution of such bonds or >,i undertakings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons, e3 · 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 writing 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, o t- By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: EEo. Pursuant to Article XVl. Section 5 of the By-laws. Assistant Secretary Garnet W. Elliott is hereby authorized to 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. ~ "5~. That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. 13 Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 21st day of April ,19 95 . .-~ o LIBERTY MUTUAL INSURANCE COMPANY Garnet W. Elliott. Assistant Sec. e~ary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 21st day of April , A.D. 19 95 . before me, a Notary Public, personally came the individual, known to me to be the therein des~jbe~_ .i¢~i.y~dual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled- ged that he executed l~te~a~e a ._r~_;that the seal affixed to the said preceding instrument is the corporate seal of said company; and that said corporate seal and his signatu~,~'sefl~3L~'l~i'~O-.was duly affixed and subscribed to the said instrument by authority and direction of the said company. ; -..,.. ....... IN TESTIMON'C'W~-iEREOF. I heYebnto set. my_ h_an_ d and affix, mY_ official seal at Plym?.~,t~ Meeting,/~, th.~/day a~d~ear first above written. O -. - - Notary Pubhc -. · '-' - ' .... CERTIFICATE I, the undersigned. ASSiStant Secretary of Liberb/ Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full. true and-8'ofred~'copy, is in full force and effect on the date of this certificate: and I 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 2u~:h___ day of __ F~,b~',,ary .19 96 ~ ~, ~-- THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER December_a1; . 19 g~. SIT; CONCR;T;:, INC. P.O. BOX 140096 MR. LARRY DAVIS CITY OF COPPELL PROJECT: RECONSTRUCT MEDIAN COPPELL, TEXAS 75019 EST. NO.: RETAINAGE FROM: 01/26/96 TO:. 02J'25,'96 UNITS( , QUANTTTIE~ ) n'Eii DESCRIPTIO~ PLAN Q THL~ TO Ut;ti' t. RECONSTRUCT MEDIAN W;TH BRICK, AND EXTEND OUT EXISTING TURN LANES LS I TOTAL COMPLETE ~i;D,750.00 RETAJNAGE 10% SUB-TOTAL $9,750.00 LES8 EST J1 $8,775.00 RETAINAGE NOW DUE $975.00