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Coppell CC 1B1-CS010928 (3)M. Scott Ozymy, Vice ]~esident Kol] Corporate Development 8411 Preston Road, Suite 700 Dallas, Texas 75225 RE: Coppell Commerce Center, Phase I Final Acceptance Dear Scott: 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 Inspector cc: Ken Griffin, Director of Engineering Rhonda Brothers, Engineering Secretary Glenn Hollowell, Director of Public Works Greg Jones, Chief Building Official Travis Crump, Fire Marshal 255 PARKWAY 'IrP.O.IROX 478 ~ COPPELL TX 75019 'IrTEL 972/462 0022 1['FAX 972/304 3673 BOND NO.: TXIFSU0309823 MAINTENANCE BOND_ KNOW ALL MEN BY THESE PRESENTS: That CalHar Construction~ Inc. as Principal, and International Fidelity Insurance Company as Surety, are held and firmly bound unto City of Connell Obligee, in the full and just sum of Seventy Six Thousand Five Hundred Seventeen and 25/100 ($76,517.25~, 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 02/21/01 with Hill & Wilkinson for Site Utilities in Public ROW Koll Center, NE Corner of Freeport at Burns, Coppell, TX 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 14th Day of August, 2001 (Witness) CalHgr C~o. nstruction, Inc. (Pri~ By: ~ ~ ~ International Fidelity Insurance Company (Surety) Michael B. Hill, Attorney-In-Fact Tel 197Y~ 62~-7200 r'OWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER. 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE pRESENTS: That INTERNATIONAL F1DELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey and having ts principal office in the City of Newark. New Jersey. does hereby constitute and appoint Richardson, TX. s in-fact to execute, seal and deliver for and on its behaff aa surety, any and all bonds and undertakit~gs, contracts of indem0ity ami the execution of such instrument(s) in pursua.c~, of these pre~.%eg, ts, shall Ll~e~ ~as...bl~a]tn~g.xUePccm~e~tte~.~aiadck~n~v~e~v ?~%eeularly elected officers at its principal office. ' wet of Attorne IS executed, and may be revoked, pursuan to and by authority of Article 3-Seedon 3, of the By-Laws adopted by the Board of ~hls Po ......... ~IONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of'February, 1974. The President or any Vice PresidenL Execuuve Vice President, Secretary or Assistant Secretary, shall have power and authority l} To appoint Attorneys- n fact, and to author ze them to execute on behalf of the Company. and attach the Seal of the Company thereto, bonds al~d undertakings, contracts of ndemrdty and other wrilings obligatory in the nature thereof and. /2/'Fo remove, at any ume, any such attorney-in-fact and revoke the authotaty given. Further. this Power of Attorne is signed· and sealed b~ facsimile pursuant to resolU~eOn ~f the Board of Directors of said Company adopted at a mechng duly called and held on the 29th ~ay of April, 1982 of which the following is a tree ex rp. · o such officers and the seal of the Company may be affixed to any such power of attorney or. any certificate relatittg thereto by No~y ti~erefor.e the slg.natures f .......... rtificale bearin° such lacs mile signatures or facsimile seal shall be valid and binding u~pon the ~gmpany and any bond or undertaking to which it is attached. i~.~ wucwxn~ct<v '.v~:~l~c~g INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and ~ts corporate seal to be affixed by ~ts authorized officer, th~s 31st day of August, A D 199 INTERNATIONAL FIDE~CE COMA~NY_ g before me came the individual who executed the recedin instrument to mc rsona I known, and berg by me duly On his 31st day of August 199 ........... nj~ert~a~r~Nnl. ITY IN'lAP'cE C~MPANY; that the seal affixed to s~om smd th ~ c ~ .a r-~aw., lhat the said Coroorate Seal and Ms s gnature were du y affixes oy oraer or the t~oara oI t J! $ o~ said Company. IN TESTIMONY WHEREOF. I have hereunzo set my hand affLxed my Official Seal, at the City of Newark, New Jersey the day and year first above written A NOTARY PUBLIC OF NEW IE~EY CERTIFICATION My CommissiOn Expire~ No~ 21 i 2005 I h~unders ned~ffceroflNTERNAT~NALF~DELYl`Y~NSURANCEC~MPANYd~h~ebyce~i~ythat~hav~mparedtheforeg~ingc~fthe · g ~ ~ i ~.~ ....... oC ~he B.,-Laws of said Cbmpany as se fo~h in ~aid Power 61[ Attorney, ~ith the ORIGINA~ ON PoWer of Attorney ano anmawt, ann the copy o! me o~[,.,. ~ IN THE ItOME OFFICE OF SAID COMPANY, and that the same are correcn transcripts thereof;and Of the wh61e Of thc said originaldi and lhat tbe said Power of Attorney has fiBl ~ll revoked and is now in full force and effect ! i! IMPORTANT NOTICE TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT You may contact the Texas Department of Insurance to obtain information on companies, coverages, fights or complaints at 1-800-252-3439 You may write the Texas Deparunent of Insurance: P.O. Box 149104 Austin, Texas 78714-9104 FAX No. (512) 475-1771 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim, you should contact the company first. Itt the dispute is not resolved, you may contact the Texas Department or' Insurance. ATTACH THIS NOTICE TO YOUR POLICY This notice is t'or information only and docs not become a part or condition ott the attached document. Maintenance Bond ~ THE HARTFORD KNOW ALL MEN BY THESE PRESENTS, That we. ~Qtter Concrete. Ltd. 4820 Gretna, Dallas, TX 75207 Hartford Fire Insurance Company organized and existing under the laws of the State of CT principat office in the City of Hartford hereinafter called Surety, are held and firmly bound unto Bond No. 46BCSBC7403 ., as Principal, hereinafter called Principal. and ., a corporation , wi~ its , as Surety, City of Coppell, TX City Hall. CoDDell, TX 75019 . asOtfl~3ee. hereinaf~r cal~sd Ob~gse, in the sum of Eiqht Thousand Ninety-Five ($ 8,095.00 ) Dolmrs, for the payment of which, we~l and truly to be made, we bind oulselves, our heirs, executors, administra*ors, successors, and assigns, joir~y and severally, firmly by these presents. Sealed ~th our seals and dated this 20th day of Auaust A.D.~2001 . WHEREAS, the Principal entered into a certain written contract with the Obligee dated the lSth day of June . A. D. Yl~ 2001 to installing appro~ch~ ant ~emedial street work for Koll Center Coppell, SUg Freeport Parkway, Coppell, TX 75U19 which contrac~ is hereby referred to as the Contract. WHEREAS, the Contract contains provisions Ior the correction of any defects due to defective materials or workmanship in ~be work performed under said Contract. NOW, THEREFORE, the condaion of this obligation is such thnt il the Principal shall well and truly, ul;o~ receipt of wdtten notification from the Obligee, remedy any defects which are discovered and reported during a period of ~ year(s) from 2 0 th Auqust ~2oo~. provided such defects are caused by defective materials or wori(manship, then this obligation1 shell be void; otherwise to be and remain in full force and effect Any suit under this bend must be instituted before the expiration of one (1) year from the date of the written notification reto~red to in the paragraph above, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction bemof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. The penal sum of Ibis bond shall be reduced by and to the extent of any payment or payments made in good faith. No right of action shall accrue on this bond to or for the use of any person or COrporation other than the Oblig~e named heroin or its heirs, executors, (if ~ndividua~) ~/' - .J (If Corporation) .(Seal) Attest or Witness: Hartford Fire Insurance Company ~ ' MICHELE DEGNON,v ~tt~ey-in-Fact (Seal) Fo~m S-40(~-O Printed in U.S,A. POWER G-r: ATTORNEY Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company THE HARTFORD HARTFORD PLAZA HARTFORD, CONNECTICUT 06115 Twin City Fire Insurance Company Hartford Insurance Company of Illinois Hartford Insurance Company of the Midwest Hartford Insurance Company of the Southeast KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company, Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of ,,DollarAmt or UNLIMITED,,: UNLTMITED: DES~NIS DOWD, JOHN D. FULKERSON, KAE GIBBONS, BILL HENRY, DOYLE HIX, TOM P. ELLIS, III, DONNIE D. DOAi~, MICHELE DEGNON, TP~ACY L. GINGRAS, MICHELE FLARIE P~ARI~J~O, JA34ES MICHAEL RUTLEDGE OF DALLAS, TEXAS their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(les) only as delineated above by [~, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the pedormance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Paul A. Bergenholtz, Assistant Secretary STATI~ O~COelNECTiC;UT ~ ss. Hartford COUNTY OF Ifl~RTFORD John P. Hyland, Assistant Vice President On this 19th day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Jean H, Wozniak Notary Public My Commission Expires June 30, 2004 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of August 2 0, 2 0 0 1 Signed and sealed at the City of Hartford. Colleen Mastroianni, Assistant Vice President Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Twin City Insurance Company Hartford Insurance Company of Illinois Hartford insurance Company of the Midwest Hartford Insurance Company of the Southeast Please address inquiries regarding claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number : Fax - Underwriting : Fax - Claims E-mail 888-266-3488 860-547-6672 860-547-8265 or2092 claims@ lstepsurety.com Mailing Address The Hartford The Hartford Fidelity & Bonding (BOND) Hartford Plaza 690 Asylum Avenue Hartford. CT 06115