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Shake & Shingle-CS 860828 MAINTENANCE BOND BOND NO. AM 200 KNOW ALL PERSONS BY THESE PRESENTS: THAT ** W & W Plumbing, Inc., 6412 Missy Drive, Dallas, Texas 75252 ** as Principal, hereinafter called the Principal, and AMERICAN SURETY COMPANY , duly authorized to act as Surety in the State of Texas , with its principal office at P.O. Box 763685, Dallas, Texas, as Surety, hereinafter called the Surety, are held and firmly bound unto ** The City of Coppell, Texas ** , as Obligee, hereinafter called the Obligee, in the just and full sum of ** ELEVEN THOUSAND TWO HUNDRED FORTY-SEVEN & 70/100 ....... Dollars {$ 11,247.70 ), to the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, their respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has entered into a certain written contract with ** Patina Properties ** dated the 3rd day of October 19 85 for sewer, water and storm sewer for Shake and Shingle Development, Coppell, Texas WHEREAS, under the terms of the specifications for said work, the said Principal is required to give abond in the amount of ** ELEVEN THOUSAND TWO HUNDRED FORTY-SEVEN & 70/100 ............ Dol)ars ($ 11,247.70 ) to guarantee the replacement and repair of defective materials or faulty ~'orkmanship furnished or installed by the said Principal for a period of one year from date of completion and acceptance of same. NOW THEREFORE if the said Principal shall for a period of one year from date of completion and acceptance of said ~-ork by said Obligee replace and repair any and all defective materials or faulty ~'orkmanship in said work, then the above obligation to be null and void, otherwise to remain in full force and effect. THE POREGOING OBLIGATION, however, is limited by the following express conditions, the performance of each of which shall be a condition precedent to any right of claim or recovery hereunder: l) In the event of any default on the part of the Principal, a written statement of the particular facts showing the date and nature of such default shall be given by the Obligee to the Surety as promptly as possible after such default has become known to the Obligee and shall be forwarded by registered mail to the Surety at the above address. 2) If the Principal shall fail to comply with the provisions of the contract to such an extent that the contract shall be forfeited, the Surety will have the right and opportunity to assume the remainder of the contract at its option to perform or sublet the same. 81GNED AND SEALED this 28th day of August , 19 86 . W & W PLUMBING, INC. Prin~ .? i l/ I By ~ct AMERICAN SURETY COMPANY P.O. BOX 763685 · DALLAS, TEXAS 75224 Z :3:3 ZI?j2Z ZZ _~ _--- c' E E E E E F' Z Z _% 3 3F' Z ZEZ ZZ Z Z ZEEEE E E E ~. ~ F' ~ "~ ;3-O.~Z Z Z ZEE '-Z Z ZEE EE E E '-Z :3 3 O00OO.~GC- CCC C Z.~CE .~E POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS; That the American Surety Company. a Corporation in Grand Turk. B.W.I., having its Corporate office in Dallas. Texas. pursuant to the following Resolution adopted by the Board of Directors of the said Company on the 3rd day of.January 1986. to wit: "The President or any Vice President or other officer designated by the Board Executive Committee shall have authority, severally, to make, execute and deliver a power of attorney constituting as Attorney in Fact, such persons, firms or corporations as such officers may select from time to time," does hereby make. constitute and appoint JOHN HENRY PELT & KYLE PELT its true and la~-ful Attorneys in Fact. with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver on its behalf, and as its act and deed, as follows: Unlimited on behalf of this Company. in its business and in accordance with its charter, to bind American Surety Company thereby, and all of thc acts of said Attorneys in Fact. pursuant to these presents, are hereby ratified and confirmed. IN WITNESS WHEREOF, thc American Surety Company has caused these presents to be signed by its President and. or Vice President and its Corporate Seal to be hereto affixed. '."-~0~..'''''''''$~jRET~''''''' ' ~0~'~'" ~n ~A~ .,.,~ ~ A N SURET P a ~: ~Z~ ~ ~ ~ : ~ ~ Edward .I. Sullivan ~resident State of Texas 0 ,,,,,, "~ ;,,' County of Dallas 0 On this 3rd day of January 1986. before the subscriber, a Notary Public of the State of Texas duly commissioned and qualified, came Edward J. Sullivan of the American Surety Company, to me personally known to be the individual and officer described herein, and who executed the preceding instrument and acknowledged the execution of the same, and being by me duly sworn, deposed and said that he is the officer of said Company foresaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company. and the said Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of thc said Corporation. and that the Resolution of said Company referred to in the preceding instrument now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and ~fixed my official seal at Dallas. Texas the day and year above written. "This insurance contract is with an insurer not '"' ~Y licensed to transact insurance in this stat~ ~'~"0~'~'"'~ ....... ~ Evelyn Brown .- Notarv~Public and is issued and delivered as ~ sur~!~s lin~ ~ ~:'"' ~ '"'~O~ ' - coverage pursuant to th~ Tex~s in~ur~.c~ ~ ~e ~ ~~ ~ · ~ NOTARY PUBLIC - DAEEA~, T[XAS statute~ Adic!e i. ~ 4-2. Texas in~uranc~ Ccd. 3 mquiros ~aym~nt oi 3.~5 ~arcen~ t:,.: · .. Commission expires 3-13-89 State of Texas County of Dallas CERII[ICATE 1. the undersigned Assistaat Secretary of AMERICAN S[RETY COMPANY, do hereby certi~: that the foregoing and attached Power of Attorney and Certificate of Authority remain in full force and have not been revoked; and furthermore, that the Resolution of the Board of Directors. as set forth in the Certificate of Authority. is now in force. Signed and Sealed at the said Company at Dallas. Texas dated this 28th day of August ~0 86 P. O. BOX 24886 ~ff:::A Barbara Bell, Assistant Secretary ~L~S, TE~S 75224 AM 200 ~.. :~ff DOI82886 214~33-428 s ..,,,, '-f~s ,;,, CLG - 276