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Stratford Manor-CS 990913 · Coppell. Texas 75019 ~2~~'-~ The City with A Beautiful FuturO//-~'/COPPELLPO BOX 478TEXAS 75019 972-462-0022 September 13, 1999 Bill Anderson Dowdey, Anderson & Assoc. 5225 Village Creek Dr., Suite 200 Piano, Texas 75093 RE: Stratford Manor Final Acceptance Dear Bill Anderson: 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 ~,etter. Maturi$, on the Erosion Control Bond will also be two years from the date of this letter. Construction Inspector cc: Doug Stevens, Engineering Technici~ Glenn Hollowell, Director of Public Works Greg Jones, Chief Building O~c~,al Travis Crump, Fire Marshal David Carlton, Dowdey, Anderson & Assoc. (fax: 972-931-9538) David Whitsett, Huie Construction, Inc. (fax: 972-490-9676) Tom Ishmal, Rodman Excavation, Inc. (fax: 972-3354844.) Pcrocket/subdivsn;~tratfrd/fmalacp _ o- Bond No. 8156-62-90 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we Rodman Utilities, L.P., as Principal, and Federal Insurance Company, corporations duly licensed to transact business in the State of Texas (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Coppell, Texas in the sum of One Hundred Seventeen Thousand, Eight Hundred Seven and 11/100---($117,807.11) Dollars for the payment of which sum 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, formally by these presents. Sealed with our seals and dated this 17th day of August ,1999. WHEREAS, the said Principal has heretofore entered into a contract with Huie Construction/Properties for Utilities for Stratford Manor and, WHEREAS, the said 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 Two (2) year (s) from date of completion and acceptance, normal wear and tear excluded. 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. No right of action shall accrue upon or by reason of this obligation, to or for the use of benefit of any person, firm or corporation, other than the obligee herein named. Principal Surety Rodman Utilities, L.P. Federal Insurance Company By. By: /Id" /lam # ��, dp I �. ,� �Y��rney-in-fact }} � k 1 . 3�F . illE Chubb 'OVt�_zi Fenerai insurance Compan•' _ Attn.: Surety Department pi Vigilant Insurance Campan 15 Mountain View Road Surety ATTORNEY Pacific indemnity Company Warren, NJ 07059 Know All by These Presents. i r= FEDERAL INSURANCE COMPANY, al Indara —�orarion, VIu;LANT INSURANCE COMPANY, a New Yarx c.-rporatian,and PACIFIC INDEJINITY COMPANY,a Wisconsin corporation.co east nereov consdnne and appoint Steven D. Davis, Tomi J. Braun and L. Ray ?i.rs, Jr. of Dallas, Texas cn as their true and lawful Attorney-in-Fact to execute unaer such oetananon in their names and to affix their ccroome sears to and deiiver for and on Meer permit as surety thereon or tnherwise,bongs aria unaertaidnca ano other writings obligatory in the nature thereof lather than call bonas)arven or executed in the course of business. and any instrumerrs amending or aaenng the same, and consents to the modincotion or atterattion of any Ins-Turner-it referred to in said bongs or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY, and PACIFIC NDEMNITY COMPANY have es_rh execuutea and attested these preserrs and affixed their corporate seals an Sep L amber .3, 199E. /� _ ''�� &r . , _ Yit ,, . Kenneth C.Wenoet,Assistant Secretary Geraroo G.Nauru,Vine President STATE OF NEW JEERi S"_`.' ) fCunaunty of Somerset a. On s eo t ember 73 . 1998.before me.a Notary Public of New Jersey,personally dine Kenneth C.Wendel,to me known to be Aaissnt Secretary d FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the camanies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that he is Assssant Secretary of FERAL INSURANCE C&c'ANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDeJINITY COMPANY and knows the=rmorate seats thereat,t art the seats affaed to the foregoing Power of Attorney are such corporate saga and were thereto affrxed by authority of the 8y-Laws at said Companies:and that he sianeo said Power of Attorney as Are Secretary of said Camcanies try Ike authority;and that he is acatramtea with Gerardo G.M4attrt.and knows him to be Vice President of said Comcaniex: and that the signature of Geraroo G.Maitre_sunt=ibed to said Power of Attorney is in the genuine ttndwriung of Geraroo G.Maur¢.and was thereto suoscibed by autraay of said By-Laws and in deponents presence. Nc-.arrai Seal • " _ P.yyALSH ' . "M ' p 1 Sze of Naw Jet3ey �/ • ' 7:- Notary ka.0�� 18.2003 //. /4,4,1 / ` ;tear: Notary Public C.=rt llh'fCATION Extac from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: 'Ail powers of attorney for and an behalf of the Company may and snail be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice Pr iaent or art Assistant Vice President,jointly with the Sew eary or an Assistant S ry, under their resp ve designations. The sianaone of such officers may be engraved, pruned or fithoarapned. The signature of each of the foflowina officers: Chairman, President.any Vice President,any Assistant Vim President, any Secretary, any Assts-ant Secretary and the seal of the Company may be affixed by fateimiie to any power of attorney or to any certiftste relating thereto appointing Assistant Secretaries or Attorneys-in-fact for purposes gray of exmmng and attesting bonds and unaetafctas and other writings obligatory in the nature thereof, and any such power of attorney or certffrcote bearing such facsimile signature or facoimne seal shall be vaiid and binding upon the Company and any such power so executed anti certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to whist it is attached- I.Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the'Companies'do hereby certify that 0) the foregoing extract of the By-Laws of the Companies is true and=rect., u the Companies are tarry fib and aphorized to tram sumyy bt.siness in all 513 of the Untied S',oi of Amerce and the Iasa of Cahhntbia and are authorized by the U.S.Treasury Desartmeatt furttser,Federal and Viaiatt are fi.sed in Puerto Rico and the U. S. Vcam -. angs,and Federal is iirc erased in Amer imrt Samoa.Guam,and each of the Provir=s of Caaoa except F^rids Edward Isar=and (ii the foregoing Power of Attorney is true,correct and in full force ano effect L Given unaet my hand and seas m of said Companies at Warren.NJ this i�t'aav of 1�,'}T , 19 q �g3RANCF pUU[rrl cLtRANC 1 r.ZIf / 1 j ,;,. eil �� sou ter �. l t SOS_ . . .4'cu►t+r ~ 4fscoxs0' bi wet'' // ��`� Kenneth C.Wenoet,Assistant Secretary • IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MA f i , PLEASE CONTACT US AT ADDRESS LISTED ABOV=E. OR BY Telephone (908) 903-3485 - Fax (908) 903-3656 a-mail: surety(Tcilubb.com IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES, COVERAGES,RIGHTS OR COMPLAINTS AT: 1-800-252-3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE: P. O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX#(512) 475-1771 PREMIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE ATTACH THIS NOTICE TO YOUR POLICY: THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT. Bond No. 8156-62-89 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we Rodman Paving, Inc., as Principal, and Federal Insurance Company, corporations duly licensed to transact business in the State of Texas (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Coppell, Texas in the sum of Seventy Six Thousand, Three Hundred Sixty One and 48/100---($76,361.48) Dollars for the payment of which sum 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, formally by these presents. Sealed with our seals and dated this 17th day of August ,1999. WHEREAS, the said Principal has heretofore entered into a contract with Huie Construction/Properties for Paving for Stratford Manor and, WHEREAS, the said 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 Two (2) year (s) from date of completion and acceptance, normal wear and tear excluded. 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. No right of action shall accrue upon or by reason of this obligation, to or for the use of benefit of any person, firm or corporation, other than the obligee herein named. Principal Surety Rodman Paving, Inc. Federal Insurance Company By: 'r . //' . 211��-- Lts � L" P,.d,��— Tomi J. Brau , Attorney-in-fact Chubb -0W Feoem Insurance Company Attn.: Surety Department Vigilant insurance Campan 15 Mountain View Road Surety Pacific Ineniy Camaany A l i ORNEY Warren, NJ 07059 Knew All by These Presents. Trim FEDERAL INSURANCE COMPANY, an ina'ara =eoraion. VIG ANT INSURANCE COMPANY, a New York corporation.ation,and PACIFIC INDEMNITY COMPANY.a Wisconsin coma:Tibor,.no east nereay constitute and appoint S Leven D. Dav-i s, Toni J. Braun and L. Ray ?i__s, Jr. of Dallas, Texas etc t as their torte and lawful Attcmey-in-Fac to execute under suon aestanadon in their names ana to affix their corporate seats to and deiiver for and on their benalf as surety thereon or otherwise,bongs ana unaertaidngs ano other writings obligatory in the nature thefeof(other than call banes)given or executed in the course of busine , and any inso'umerrs amending or altering the same, and consents to the modiii,...don or alteration of any instrument referred to in said bones or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY.VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have ea_n exe cur_eo and attested these oresentts ana affixed their corporate seals an Sep C etD e: 23, 1 boa_ • Kenneth C.Wenoe!,Assis—nt Seery Geraroo G.Mauro Vice President 5 sX!OF NEW JERSEY r of Somerset s County On S°D CesD er 3` . 1998.before me.a Notary Public of New Jersey,personally come Kenneth C.Wenael,to me known to be PK-•-,m Secreary of FED= INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACFIC INDEMNITY COMPANY,the camaanies wition executed the foregoing Fewer at Attorney, and the said Kenneth C. Wendel being by me duly sworn, aid depose and say that he is Assrsarrt Secretary of EDERAL INSURANCE = PANY,VIGILANT INSURANCE COMPANY,and PACIFIC INC/SANITY COMPANY and iarwvs the corporate sears thereof,that the seats affixed to the foregoing Power of Attorney are such corporate seats and were thereto affreed by authority of the by-Laws of said Comnanies4 and that he signed rid Power of Attorney as Asaricant Secretary of said Comparnes oy li=e authority;and that he is acauamted with Gerardo G.Maurzv,and knows him to be VI=Prmirient of aid Comear im: and that the signature of Geraroo G.Mauro.suiss.Tibed to said Power of Attorney s in the genuine tsandwriiing of Gerardo G.Maur_ano was thereto suos_—foed by authority of said By-Laws and in deponent's presence_ tJC.arat Seal • WI=N DE WALSti Dl= Public Stale of New Jersey / Notary No.005450.4 la.2003 144, Commission Expires ;�a Notary Public Ccrc t ti-ICATION Excact from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and snail be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vim President or an Assisant Vice President,jointly with the Secretary or an Assisant Seery, under their r sv espeve designations. Tne signature of such officers may be engraved, printed or fithograpned. Tne signature of won of the following officers: Chairman, President•any Vice President,any Assisant Vim President,any Secretary, any Assisant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attomeys-in-Fact for purposes anry of execaing and attesting bonds and underaiangs and other wrt6nts obuoatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal snail be valid and binding upon the Company with respect to any bond or undertaking to which d is attached.' I.Kenneth C.Wendel,Assistant Secretary of FEDERAL L INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the-Companies')do hereby certify that n the foregoing extract of the By-Laws of the Companies is true and corm u the Carnparnes are duty kersed and author red to trarsad surety bin bisiness in all S3 of the United Sys of Amer co and the Ostr of Caiumbia and are authartad by the U.S.Treasury Departrnert funkier,Fe>derai and Vigilant are tic..--sed in Puy Rigs and the U. S.Vuotn ''sanc�s,and Federal is fmnsed in Armin n Samoa,Guam,and ears of the Provirms of Ca-eda=es t Plaice Edward Isar=and fill) the foredoing Power of Attorney is true,carrel and in full force ano effect Given unoer my nand and seas of said Companies at Warren.NJ this I144‘ gay of rUQ u54- , 19 q9 "RAN ��C'tC tVity4t 11 \a% •- q( J s :2 'H ni1.14 Nitwts ''i f vYO at'* /....f./....07. 73e Kenneth C.Wenoet,Assisant Secretary IN ►HE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY Y OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,I E.R, PI=.ASE CONTACT US AT ADDRESS LISTED ABOV=, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 mail: surety@c;iubb.cam IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES, COVERAGES, RIGHTS OR COMPLAINTS AT: 1-800-252-3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE: P. O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX# (512)475-1771 PREMIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE ATTACH THIS NOTICE TO YOUR POLICY: THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT. BILLS PAID AFFIDAVIT STATE OF TEXAS 0 COUNTY OF COLLIN 0 BEFORE ME, the undersigned authority,on this day personally appeared Leslie Foster,known to me to be a credible person and officer of Rodman Paving,Inc.,A Texas corporation(hereinafter called "Contractor"),and who,being duly sworn,upon his oath declares and acknowledges as follows: 1. I am the duly authorized agent for the said Contractor,which has authorized me to make this affidavit,and all of the recitations herein are true and correct. 2. Pursuant to an agreement between Rodman Paving,Inc.and Huie Construction/Properties(the "Owner"),contractor has supplied materials and performed labor in connection with the construction of improvements upon certain real property owned by the Owner in Dallas County, Texas. Said improvements are more particularly described as Stratford Manor (the "Improvements"). 3. Contractor has actual knowledge that all bills owed by Contractor to others for materials supplied or labor performed in connection with the Improvements have been fully paid and satisfied except for contractual retainage as set out below. Contractor does further warrant that should any claim or lien be filed for material supplied or labor performed by virtue of contractor's participation in the construction of said"Improvement,Contractor will immediately furnish a bond pursuant to Texas Property Code, Sections 53.236 through 53.238,for release of each such lien,and obtain settlement of any such liens and furnish Owner written full release of such liens. Should Contractor be unable to obtain such release,Contractor agrees to fully indemnify and hold harmless the Owner for any and all costs they may incur by reason of such liens. 4. EXCEPTIONS. The Contractor specifically excepts from this affidavit its right and entitlement to payment of retainage in the amount of$15,272.30,said retainage to be due and payable to Contractor upon acceptance by the City of Coppell,and retainage to subcontractors to be paid by Contractor upon receipt of said retain��ge from Owner. EXECUTED THIS l day of ,�t'(,C , 19 C ' RODMAN PAVING,INC. By: 01111 Name:Leslie Foster Title: Vice-President SUB ' :ED AND SWORN O BEFORE ME by the sa',j 44:� %_4A . on this g day of 4 1. ,/ o certify which witness my hand ../sea of offic • �"4 ANDELIA D.LOYD-SLA7INSKY Notary: �, A:*'` Notary blic . 'and :r Zr re of Texas '= MY COMMISSION EXPIRES My Commission s December 10,2001 t r e e e e a a e C ,°v, 0 0 0 0 0 0 \° c 00 0 0 0 0 0 0 a o .. p 0 0 0 0 0 0 0 0 0 O 0 F 609 609 61 V0, 699 69 609 409 609 d09 rn F 0, O N U w E" Ch � C) 06^ 0000000 vI Iii h W O o rn 0 0 0 0 0 0 0 0. W N N U O F 0 0 0 r O ci v, N 00 00 0 0 O so so .1-,. ,-, h 7 t 0 1:......, v, d1 fA 49 69 69 N N CL 69 .ti H O (] 0 V9 0 0 0 0 0 0 0 In IA O h Z 0 w o a O O O o o 0 o o', O, fi ,O F U Q F, F o V 0 0 0 0 00 O O N N N O Z W A Q O o - VD VD v M v9 4 n n t-- 0 Ow O O N 69 669 H 69 6N9^ 69 69 N 69 V) N I M dF H H H H H >"6 `" Q 0 0 0 0 0 0 a. .- a ° 4N � _ o ° oSo o as Q °v°, N 0 04 c4 gz O ii >. w 0 ax °' F W V) U 0 0 °w t,i 0 0 0 0 0 g o 5 F�6 0 00 00 0 000 0 o go Ly d a - o v o — vyi m z a y O a 0 ..) z t F, O o o o O O 00 O o a gU NO 60e, 66n 00 00 00 t- 00 ° in F, o .o I- VD .0 4. M V9 V'91 O l": O .1 n- z F N 69 69 H 69 VI 0 O Q H H W U- Vn vim, 00 00 0 00 NO 00 00 , ,O O M O c1 O o G "I 69 6069 � 69 I 0. 69 69 VD W Y1 69 eq VI F N 69 o Z VV) h J ( LU J ,_) .�.I F. O O O O O O (/..„Y O O" •0 0 •0 0 •0 0 0 H H H V 00 N �, - 0 7 0 - - v, 6p , ^ ^7 C U F. V) LD o 0 zF0 "o o ° @.) -- w z N ^ FL N -1-1 " 0 o F y9 x F N w J Q LL y 0 0 aOo0 W Ipv>i13 Li1L.4y F- 4 in 0 I O • V] C] N 0-- W - -1 oz w < W O p� v) -1 J v) Q U a w a- as °' U VI -, o Z a 0 N U t � Q e o ..] v. fa v C1 cn F N Q ca _t 4. ..a +' -' N ri 0 V, b r 00 T F¢'6 W 0 U U F- I-. 1,