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Taco Bell-CS 960731The City With A Beautiful Future P.O. Box 478 Coppell, Texas 75019 214-462-0022 July :31, 1996 David Harper Buildtech P.O. Box 9152 Long View, TX 75608 T~O Betl ~ Final Acceptance Dear Mr. Harper: A final inspection of paving and utilities for the referenced project has been confmned 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 cci Kenneth M. Griff'm, P.E., ACM/City Engineer Matt Cast, Supt. of Public Services Greg Jones, Chief Building Official Travis Crump, Acting Fire Marshal Mike Martin, E.I.T., Asst. City Engineer file/ldavis/Ofinalac. Itt MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Jim Kerr Construction as Principal and Universal Surety of America as Surety, are held and firmly ~-6und unto City of Cop~ell, TX as Obliges, in the full and just sum of Ten Thousand and no/100. Dollars ($ 10,000.00 ), lawful money of the United States, to the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, The Principal has entered into a written contract dated 2-7-96 with Buildtech for concrete work at the Taco Bell Restaurant, Coppell, Texas and WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of two years after approval of said job, by the Obliges, against all defects ~-~ 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 July 15, 1996 Jim Kerr Construction ~i~ersal Suret7 of America ( Surety ) ' Attorney-In-Fact Bobby W. Bush UNIVERSAL SURETY OF AMERICA UNIVERbAL SURETY OF AMERICA P.O. BOX 1068 -Houston, Texas 77251-1068 GENERAL POWER OF ATTORNEY - CERTIFIED COPY TX 0915300 00 Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Texas, does by these presents make, constitute and appoint Bobby W. Bush its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver bonds for:. Principal: Jim Kerr Construction Obligee: City of Coppell, TX Amount: $10,000.00 and to bind the company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the COrporate seal of the company and duly attested by its secretary, hereby ratifying and COnfirming all that the said Attorney(s)-in-Fact may do within the above stated limitations. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety of America at a meeting held on the 1 lth day of July, 1984. "Be It Resolved, that the President, and any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company." "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimilie to any oo power of attorney of the corporation, and that such printed facsimilie signature and seal shall be valid and binding upon the corporation." ~ Witness Whereof, Universal Surety of America has caused these presents to be signed by its President, John Knox, Jr. and its ,~ corporate seal to be hereto affixed this 15th day of April, A.D., 1995. State of Texas County of Harris UNIVERSAL SURETY OF AMERICA On this 15th day of April, in the year of 1995, before me Rhonda K. Wilke, a notary public, personally appeared John Knox, Jr., personally known to be the person who executed the within instrument as President, on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Notary Public I, the undersigned Secretary of Universal Surety of America~ hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in affect. GIVEN under my hand and the seal of said company, at Houston, Texas, this 15TH day of JULY ,19 96 . For verification of the authority of this power you may telephone (713) 722-4600. UNIVERSAL SURETY OF AMERICA ~u1-01-96 10:42A ~ STATE OF TEXAS .02 BOND NO. MNT 8028284 or nALta S 3 KNOW ALL:IM[F~ BY T~r~_~E PRES~: TIt~T NORTH TEXAS CONTRACTING, INC. Colonial Amebean casaa~ty and g,~e.ty Compa.y __,acorpor~ionor~anizedund~th= laws of Marql~nd , as sureties, do hereby expressly acknowledge, themselves to be held and bour~ to pay unto the C,/I~ o~,~g~or~e.t~_ ': . a Municipal Corporation, Texas, the mm of T/vO~y Tho~and, Six Hundred Nineff2( S.04 and ng/100 ................. Dollar~ and ~eIlls ($ _gfl; 69/;. 8// ...............). fOr tim payment of which sum will and truly be made unto said Cd;ttt 0~ Co~p~ , and its successors, said principal and sureties do hereby bind themselves, their assigns-and successors jointly and severally. THIS obligation is conditioned; however, that whereas, the said NORTH T~'~AS CO~.T~.e'rt~ ?~a~, has this day entered into a written contra'ct-with the said to build and construct Taco Be;~ Re, tam. mt which contract and mentioned, adopted by 'th~ the plans and specifmations therein are hereby expressly made a pan thereof as through the same were wrim:n and embodied hereto. WHEREAS, under ..the plans, specificatiom, and contract, it is provided that the Contractor will maintain and :keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the aecelxance of said work, and to do all necessary repairs and/or recomtruction in whole or in part of'said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Contractor. It being understood that the purpose of this section is to cover all d~fective conditions arising by reason of defective material and charge the same against the said Contractor, and sureties on this obligation, and the said Contractor a_nd sureties hereon shall be subject to the liquidation damages mentioned in said contract for each day's failure on its' part to comply with the terms of said provisions of said contract. Now, therefore, if the said Contractor shall keep a~ perfOrm its' said agreement to maintain said work and keep file same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and bave.not further effect, but if default shall be made by the said Contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect.' and said CZ:~ of Cororoell shall have and receive from the said Contractor and its' principal~nd sureties damages in the premises, as provided; and it 1-39 dul 01-g6 is further agreed that ~ obligation .~h~il be a continuing one against the principal and sureties, hereon, and that successive recoveries may be and had hereon for mccessivc braacbes until the full amount shall have been 'exh_~usted; and it is further uude~mod th~ fl~e obligation herein mainlain said work ~lmll COminn~- throtlghotR said main~nce period, and the sam~ shall not be changed, diminished or in any manner affected from any cause durir~, said time. P .01~ be execu~.A by iR Attorney in fact and the said A~torney Dee Stone , has heramto 'set his hand, ~he ~ ~,,~,~ ~. ~9~. NORTH TEXAS CONTRACTING-, I'N¢. IN ~S-~OF, the said NORTH TEXIS CONTRACTING, I~/g. has caused these presents to b~ ax~:curzd by and the said Colo~x~_ ~o~ea~aan Ca~ao.~q 'and Suae~y Campanqhas caused these presents to in fac~ day of SURETY COLONIAL ~ERIC~ CASUALTY ~ND SURETY COMPANY Dee Stone Title: ~.~'~',~a.~,u. Zn- fa~ .... o NOTE: Dare of Maim~v~ ; Bond mu~t not be prior to dare of Contract. 140 M~te~ ~~. FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICES: BALTIMORI~, MD. 21203 POWER OF ATTORNEY KNow ALL M~N BY TH~£ PR~rrs: That the Fm~trrY AND D~*OSlT COMPANY OF MARYLAND, and the COLONLnL AMERICAN CASUALTY AND SUI~.L~rY COMPA~/', c'orporatiOl~ of the S~ate of Maryland, by C. M. PECOT, JR., Vice-Preaidemt, and C. W. ROBBINS, Assistant S~cretary, in pursuance of authority granted by Article VI, Section 2 of the respective By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute and appoint Darrell C. Dodson, ~Sam J. Mullis, Jr., F-lnora Crud:his, Douglas Moore and Dee SCone, a11~.~,. Dallas.,c~xas, EACtt .....,,, ......... as .... : any and all bond, and Executors, CommunlCy a~d Survivors and amply, to all intenta and purposes, as if they ~ duly e~and m¢_t'~owledged by the regularly elected officers of the res.pecuve..Com, pa.m. es at ~eir o~ce~, in_l~Jti)~o~Md., in ~i~e~ proper persons. This power of al:l:orney revokes cnac zssueo on Denalf~....~:%Derrel~..<~ Dodson, et:al, dated August 8, 1994. Ilq Wrrlq.~ WI.I~o~, ~1~ ~id ¥ic~.~nt and ~t S~r~ary haw her~mo ~b~2ni~l tbeir nam~ and affixed the Corporate Seals of the said FIO.~ D~_~A~ OF I~YLAh'O and the COLONIAL AMF. a~UCA~ CASUALTY Stm, m~, COMPANY this L4~--~ ,~ day of., January , A.D. 19 96 ATrEST:~ ~~ 'AND DEPOSIT COMPANY~~By ' A~sistant secretary STATE OF MARYLAND COUNTY OF BALTIMOREt On thisi 8Ch day o~ January , A.D. 19.1~}6, before the subscriber, a Notary Public of the Su~ of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice-Prnsidont and C. W. ROBRINS, Assistant S~eta~ of the FIDELITY AND DF, POS1T COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND $~ COMPANY, to me l~onally known to be the individuals and officers described herein and who executed the precedin$ i~m~ument, and they each acknowledged 0m execution of the same, aad being by me duly sworn, s~verally and each for himself d~x~th and saith, that they are th~ said officers of the Companies aforesaid, and that the s~als aff'~ to u~ _pre,~__Ang inammmnt are th~ Coq~oram S~ts of said Compaui~, and such officer~ were duly afl'reed and subacrib©d to the said instrum~m by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto s~t my~ affixed my Official Seal~y y~r~~ My comn~ssion exptre~ August ~. ]99~ CERTIFICATE L the underslgaed Assismm Sectem'y of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONLAL AMF. RICAN CASUALTY AND S~ COMPANY do hereby certify tha~ the otisinal Powe~ of Attorney of which the foresoin8 is a full, tree and correct copy. is in full fore¢ and effect on the dale of this certificate; and ! do further certify r~mt the Vice-Presidont who execuu~ the said Power of Atton~, was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VL Sec~on 2 of the ~mspeo__jve 8y-Laws of the FIDELrFY AND DEPosFr COMPANY OF MARYLAND and the COLONL4~ AMRR~CAN CASUALTY AND SURETY COMPANY. This certificate may be signed by facsimile under and by authority of resolution~ of the Board of Directors of fl~ FIDELITY AND DE~OSrr COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors oftbe COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a m~eting duly called and held on'the 5th day of December, 1991. RESOLVED: "That the facshnile or mechanically reprodu__t~_ signalure of any Assistam Secreta~ of the Company, whether nuute heretofore or hereaRer, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall he valid and binding upon ~ Com- pany with the same force and ~f~t a~ though manually affixed." IN TESTIMONY ~/H~F, I have hen~_ n._to subscribed my name and affiyaxl the co~or~s~of the said Companies, ~ ~/A/i day o£ 19 ~0 ~'~ ~ ~ ~~ ~.~'rx) -168-0184 U ~ '"' Assistant Secretary