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Riverchase (6.1)-CS 940929The City With A Beautiful Future September 29, 1994 Mr. Gary Jackson, Superintendent Spring Valley Construction Co. 16475 Dallas Pkwy., Suite 620 Dallas, TX 75248-2670 KMG MM PJC P,O, Box 478 ~as~ RE: Riverchase Plaza Final Acceptance Dear Mr. Jackson: A final inspection of utilities and paving for 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. Erosion protection will also be maintained until bond expiration. Sincere~~~:~ Larry Davis ' Construction Inspector cc: Kenneth M. Griffin, P.E., Asst. City Manager/City Engineer Howard Pafford, Water Superintendent Rey Gonzales, Street Superintendent Greg Jones, Chief Building Official Fehmi Karahan, 5429 LBJ Freeway, Ste 340, Dallas, TX 75240 B. Elam,Winldeman & Associates, Inc., 128 Hillcrest Rd., Ste 200, Dallas, TX 75230 Lynn Wesley, Potter Concrete Superior Utility,P.O. Box 810545, Dallas, TX 75381 ' Prcr~e~ & haSd~¥ Insurance ST. PAUL FIRE AND MARINE INSURANCE COMPANY St. Paul, Minnesota ST. PAUL MERCURY INSURANCE COMPANY St. Paul, Minnesota ST. PAUL GUARDIAN INSURANCE COMPANY St. Paul, Minnesota Capital Stock Companies MAINTENANCE BOND Bond No. 400dN7504 KNOW ALL MEN BY THESE PRESENTS, That we, Potter Concrete Co., Inc., 4820 Gretna, Dal las, lX 75207 (hereinafter called the "Principal") as Principal, and the St. Paul 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 Texa s (hereinafter called the "Surety"), as Surety are held and firmly bound unto Cit. y of Coppell, Coppell, Texas (hereinafter called the "Obligee"), in the sum of Four Thousand One Hundred & no/10~ 4,100.00'** ) for the payment of which~ are well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and sealed this ....~.9.th ..... day of ....... ~UOtlS. t, ................. 19 9.4 ...... THE CONDITION OF THIS OBLIGATION is such, that Spring Valley Construction Co. WHEREAS, the said Principal has heretofore entered into a contract with~;al~Olatig~e dated 5/4/94 19__, for Riverchase Plaza WHEREAS, the obligee has requested that said work be guaranteed against 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 exc6pted. 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. It 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 military, naval or usurped power, insurrection, riot or civil commotion, nor any 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 sumof Four Thousand One Hundred and no/100 ($4,100.00) 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 corvoration, other than the obligee herein named. ST. PAUL MERCURY INSURANCE COMPANY Surety - ' Michele Degnon O ' Attorney-in-Fact 17818 Rev. 4-88 Printed in U.S.A. ST. PAUL MERCURY INSURANCE COMPANY CERTIFICATE OF '"eb'IHllll ~,~ Washington Street, St. Paul, Minnesota 5~,a,~2 AUTHORITY NO. C~'~,FIED For verification of the ant,, .,,deity of this Power of Attorney, you may telephone toll fro.. -800-421-3880 and ask for ,'COPY NO.. the Power. of Attorney Clerk. Please refer to the Certificate of Authority No. and the named individual(s). 3 0 8 G 5 0 ,.... ':v:- GENERAL POWER OF ATTORNEY - CERTIFIED COPY M- 0 0 2 5 0 : (Original on File at Home Office of Company. See Certification.) KNOW ALL MEN BY THESE PRESENTS: That St. Paul Mercury Insurance COmpany, a corporation organized and existing under the laws of the State of Minnesota, having its principal office in the City of St. Paul, Minnesota, does hereby constitute and appoint: Tom P. Ellis, III, Michele Degnon, individually, Dallas, Texas : its true and lawful attorney(s)-in-faet to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of : ..;i~dernnitY and other writings obligatory in the nature thereof, Which are or may be allowed, required or permitted by laW, statute, rule, regulation,, contract or i Otherwise, i and th& eXeCUtion of all such instrament(s) in pursuance of these presents, shall be as binding upon said St. Paul Mercury Insurance Company~ as fully a~nd amply, to all int~rits and purposes, as if the Same had been duly eXecuted and acknowledged by its regularly elected officers at its principal office. This .P6Wer of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,-Section 6(C), of the By-Laws adopted by the Shar6hOlders 0f~ST2 PAUL' MERCURY INSURANCE COMPANY at a meeting called and held on the 28th day of April, 1978, of which the following is a true · transcript of said Section 6 (C): "The President or any Vice President, Assistant Vice President, Secretary or Service Center General Manager shall have power and authority (1) To appoint Attorneys-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 writings obligatory in the nature thereof, and (2) To appoint special Attorneys-in-fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this section and/or any of the By-Laws of the Company, and (3~) To remove, at any time, any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him." ,Furtber, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 12th day of December, 1967, of which the following is a true excerpt: "Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such~power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimilesignatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.,' ' ...~ IN TESTIMONY WHEREOF, St. Paul Mercury Insurance Company has caused this instrument to be signed and its corporate seal to ' /~".~.?~%. ' be affixed by its authOriZed Officer. this 30th day of November, A.D. 1990. ', ~[~":: i ~ :'°i , ' '' ! ' ST. PAUL MERCURY INSURANCE COMPANY . ~ CountY Of s0mmerset' / ' . KEEGAN, SeCretary On this 1 .5'17.11 day of Ju.'l y ,19 9 3, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he/she is the therein described and authorized officer of St. Paul Mercury Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his/her signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the township of Bedminster, New Jersey, the ~ day and year first above written. LINDA SMEq:HEgS, Notary Public, Middlesex, NJ My Commission Expires December 16, 1996 CERTIFICATION I, the undersigned officer of St. Paul Mercury Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME : OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been reVoked and is now in full force and effect~ O IN TESTIMONY WHEREOF, I have hereunto set my hand this 29th .day of August ,19 94 ROY F. SEYMOUR, Asst. Secretary Only a certified copY of Power of Attorney bearing the Certificate of Authority No. printed in red on the upper right corner is binding. Photocopies, carbon copies or other reproductions of this document are invalid and not binding upon the Company. ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY'AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. 31801 Rev. 5-92 Printed in U.S.A. KNOW AL, . MEN BY THESE PRESENTS: PUBLICIMPROVEMENT MAINTENANCE BOND BOND #S-19-14-gg ?ower #163405 .That - as Principai firmly bou~ in the Pane lawful mot and Surety and several Where SUPERIOR UTILITIES, IN(~. nf Dallas~ Texas and the EMPLOYE~$ MUTUAL CASUALTY CCMPANY of Des Moines, Iowa as Surety, are held and d unto the City/Town of C ,oppell , State of ~(hereinafter called the Obligee} Sum of Seve~ Tho_usand Nine Hu~gtred ~elve & 70/cent($ __7- 912.70 ) Dollars .,y of the United States of America, for the payment of which, well and truly to be made, the Principal bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly t, firmly by these presents. ,s, the said Principal has completed a certain contracT, Water & Sewer Utilities_ for Riverchase Plaza, Ph. I in conform ty with certain specifications; and submits said contract for acceptance by the Obligee. Where ls,'a further condition cf said contract is fha! the said principal should furnish a bond of indemnity, guar3nteei~ g.to remedy any defects fn workmanship or materials that may develop in said work within a period of I (.one)_ years from the date of acceptance of the work under said contract; and, Whe. as. the said EMPLOYERS MUTUAL CASUALTY COMPANY of Des Moines, Iowa for a valuable con$iderati ~n, has agreed to join w;th said princh=al in such bond or guarantee, indemnifying said Obligee. as afore- said: Now, therefore, t,.e Condition of This Obligation is such, that if the said Principal does and shall, at his own cost and e~ pense, remedy any and all defects that may develop in said work. 'vithin the period of I ( one ) years fro~ the dateof acceptance of the work under said contract, by reason o~ bad workmanship or Door material used in th, construction of said work, then this obligation to I~e null and void; otherwise to be and remain in full force and ~ :true in law. Date of F~ 'mai Accep'.ance of Contract: Bond App oved: 19 . ,19-- By-' ~ For the Obligee (An executed Copy hereof is) (to be returned to the Sure~y) $~gned and delivered this 26 ' th day o~ August 19 94 SUPERIOR UTILITI_~S, INC. By: Atr6rney in Fact Rebecca Thacker 1634Q5 IN ;nN A:.vOUNT NOT EXCEEDING '~ g/~TNESS WHEREOF FIVE HUNDRED THOUSAND DOLLARS, ( $500,000 . 00 ' ' ' .... e, ;.'L,i%,sar{ tc t?~e a~:rort? "e?b.~ g zen are -~e:ec., ':it f e:: J: " ' ' -' . · · "-. :'~ e,.:,,~ Ap_ril ]:,.. !99_6 .......... ;,,,ess ~,:,,?~' AUTHORITY FOR POWER OF ATTORNEY ' - .. :-_= ~ : executed ?u~su~n~ To and Oythe author~tyofthefoilowm~ resolution pt 7'e 'tkt'::~ 3:' ~ :~c':? - - ' : -. · -?=~,a' , -~c"e~,;!ed mee:,y~ et each company duty called and held .] ,---. ..... .o k.:,~r J o[ g,rectors the Pves~denL any V~ce President, the Treasurer and the Secreta~ .! ~,, ~,,c~e~s '. : . .. :..:,*,e '~ ].~t-::r,t, :O . i ~ aogomt altcrneys-m fact and authorize them to execute on bera~ o~ eac" S'or~-;~am, ,', ",;:':': ::"2~ :~:~ u~dertakmgs recogmzaqces, contracts of indemmtyand other * ' , -'. .7- :t:"' ev intact 3t any t,me and revoke t~e power and authority g~ven to h,m Attorneys re?aC* 3~': ~3 ~e U,2~e' .2 ,~: ': *- ,) w.., ~ ~.- :: m~t~* C,n~ 3f the Dower gl attorney ~ssued to ~hem. to execute and del,ye~ 9n Denai~ 2~ the Compan) :-. ', ; :..", '-,: e' ? ~o'- ~s and undertakings, recogmzances, contracis o~ indemnity and other writ ngs ODhgatorv :q the nat,;re '- ~: ,- e~: : s!e: c', any such attorney-indact shah be~ullyan~ matlrespects binding upon the Compan~ Certmcat~o~, : ' ~'. ~'.',~' ?r ?%"f'~te a,_'hor~zed here~nmadebvanofflcerc~EmployersMutua~Casuatty~ompanyshail OeSu~l'vano ma~; resoec:s ?'c ' ' ~: ~::_' -~',: '2,:~*:~' .~ ':r -:echamcai y reprod~Jced s~[nature of such officer, whether made heretatore or nerea~er .'nerever .'e-':e::' ~., ' :~, :--,.wo~3*tornevo~theCompany, shall be valid and binding u~n the Com~any w~th the sameforceandaffecta2 :~,e Companies have caused these presents to ~for each by their officers as shown, arTd the Corporate Ro~b B Kelley Ch~man I Ph,,~D T Var Ekeren Secretar', of Companies i, 2,3, 5, & 6 cf Compames ~ 2 3 5: On this .... _]-_7_~b~._ day' of ........ ~ebrTgary~ . . AD la93 -ne a Notary Public m and for POlk County iowa personaily 3pDea~ec Ketiey Philip T Van Ekeren, Bruce '.~ Keqe) ~qd Donald L Cougbe~mower bem~ by me duly sworn, did say that they 3t'e J~ Chairman and Assistant Secretary resoecT~ve~y o' each of The Compame~ that the seals affixed to this instrument are the seals o said Jnst-ument was s~ned and sea,ed o:'; be~aH of each authority of their respective Boardsof D~rectTs a~d that the sad PhJihp T Van Ekeren, Bruce G. Kelley, an~ E~,-a -2 ~. the execution of smd ,nstrument to De t,qe vo~,;~:ar Compan:es My Commission E ~p]res August CERTIFICATE --- :- .- ' ",a ._:--'3]o/er: M.t.,a: Casua!ty Company dc herebycer'tlty that the fo*egom~ ,e5. ~:,:'- ?? "-e ~,adr":~ 7' 2 '+:'7 ' -:. . ....... :'*)~.er ? Attorney 'ssued pursuant thereto on ....... Fe.~a~. 17, 1993 Je~ A. Kiker, C~rles K. Miller, W. Bert ~ckett, Steve Rickenbacher, David ~fo~,