Town Center L2B1-CS 960419 Coppell, Texas 75019
The City With A Beautiful Future 214-462-0022
April 19, 1996
Tim West
Wendy's International, Inc. / FAX (214)541-0179
4545 Fuller Dr., Ste. 404
Irving, TX 75038
RE: Wendy's / East-West Spine Road
Final Acceptance
Dear Mr. West:
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.
cc: Robert Farrow, North Texas Contracting, Inc.
Jim Koch, Pacheco Koch Engineers
Bill Anderson, Dowdey Anderson Engineers
Kenneth M. Griffin, P.E., ACM/City Engineer
Utilities Superintendent
Street Superintendent
Greg Jones, Chief Building Official
Jeff Jones, Fire Marshal
Doug Stevens, Engineering Technician
file/Idavis/0finalac.ltr
Crum&Fo ter
Insurance
SondNo. 610 201883 7
.w-r';OW AL'- !d:_N 8.%' TH-:S:- PRFSSNTS. THAT WE. Landmark General Contractors, Inc.
Southlake, Texas u Princi!:ml (hemlnaher called "Principal") and Uni
States Fire Insurance Company . ~ S~:;~ [heretn~h.-r called '~umtY") am held and firmly bound umo
City of Coppel] as OSli~_-e (hare{naftar called "Oblige"] in ~he p~nal sur~ of
On~ ~hot~.~snd f~v~ b~]n~r~d O011em($ 1,500.0(] ) for~a~ym,ntwh:r~,~ll~ndtmly~ma~.
S';n~d, ~ed and ebbed :~e 20th ~,'/cf ~ce~er kD. 19 95
To o~rat~ a~ a ~lk nnntrnctnr, ~ nnl ud~ ng C~ ty r~~nt of '2. Fear-~in~e
prov~ sion. ~nd to cover ~inte~nce of sideswal~ and a~r~ches.
~v.~, O~inanc:s. spd RacOlUt[on~, ~var~in9 the i~uan~ of ;his Li~n~ cr Permit. th~n :hk Obligation ~ail ~ null ~d void, other-
~(~ :o remmin ;n f~';I forc~ a~d
Lia~li~ u~er :hi~ bond sh~il :erm;n~m ~ of the 21 dsy 0f ~cember ,19 q5 _, ~ m any
Fjord'ant ~er~:o. un~e~ sa~d ~nd is c=n~n~efl in forcs ~em ye&r to y~ar by ~e ~v~ 0f ~ ~ndn~a:ion ~[fi~te :igned ~f
T~ Su~ mey c~n~l :his b:,nd ~t ~ny ::me bT filing v4:h the Obl;~ bhi~ (301 ~y: wri~ notice of i~ d~i~ ~ ~ reli~
~s exp;ra~cn of ;F.~ 5b[~ d~y De. rind.
POWER OF A'I-rORNEY
UNITED STATES FIRE INSURANCE COMPANY
PRINCIPAL OFFICE, NEW YORK, N.Y.
KNOW ALL MEN BY THESE PRESENTS: That the UNITED STATES FIRE INSURANCE COMPANY a Corporation duly
organized and existing under the laws of the State of New York, and having its administrative offices in the Township
of Morris, New Jersey, has made, constituted and appointed, and does by these presents make, constitute and appoint
Bill Piskuran, Carrol Key and Evelyn Patterson of Arlington, Texas, each
its true and lawful Agent(s) and Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place
and stead, to execute, seal, acknowledge and deliver: Any and all bonds and undertakings each in a penalty not to
exceed the sum of Five Hundred Thousand and 00/100 Dollars ($ 500,000 ) SUBJECT TO THE EXCLUSIONS LISTED
BELOW:
Bid, Proposal and Final Bonds and Undertakings guaranteeing contracts for the construction or erection of
public or private buildings, improvements, and other works and guaranteeing public and private contracts for
supplies.
and to bind the Corporation thereby as fully and to the same extent as if such bonds had been duly executed and
acknowledged by the regularly elected officers of the Corporation at its offices in Morris Township, New Jersey, in their
own proper persons.
This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein,
and they have no authority to bind the Company except in the manner and to the extent therein stated.
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the United States Fire Insurance Company has caused these presents to be signed and attested
by its appropriate officers and its corporate seal hereunto affixed this 28th day of February, 19 94.
?~,.f-"-~.-.. · Attest: UNITED STATES FIRE INSURANCE COMPANY
,-'?--~ -~' Assistant Secretary
Charles R. Van Buskirk Richard A. Annese
STATE OF NEW JERSEY)
COUNTY OF MORRIS ) ss.:
On this 28th day of February, 19 94, before the subscriber, a duly qualified Notary Public of the State of New Jersey,
came the above-mentioned Vice President and Assistant Secretary of United States Fire Insurance Company, to me
personally known to be the officers described in, and who executed the preceding instrument, and they acknowledged
the execution of the same, and being by me duly sworn, deposed and said, that they are the officers of said Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said
Corporate Seal and their signatures as officers were duly affixed and subscribed to the said instrument by the authority
and direction of the said Company.
IN TESTIMONY WHEREOF, I have hereunto .s,.~.~ t~ar~lla~'aifixed my seal at the Township of Morris, the day and year
(Signed)
':,,, 4,,-, ......... "~,'~. ,,,S- NOTARY PdE~UC OF NEW jERSEY
·/, -' . .... MY ¢,~t,,1M[$s!o;,i EXPIRES JULY 25. 1998
MAINTENANCE BOND
Bond No. 30707509
KNOW ALL MEN BY TliESE PRESENTS, That we,NORTH TEXAS CONTRACTING, INC. __
_ .__ (hereinafter called the "Principal") as Principal, and the
Fide~y and Deposit Company of Maryland
__ , of the City of Baltimore a corporation duly
organized under Ihe laws of the State of Maryland and duly licensed to transact business in the State of Te×as
(hereiuafler called the "Surely"), as Surety are held and firnfly bound
unto CITY OF COPPELL
Sixty Five
0mreinafter called tile "Obligee"). iu lhe sum of One Hundred Ninety/ Nine Tho~sand($199, 065. 00 ........ )
for Ihe payment of which are well and truly to be made, we, Ihe said Prismipal and tile said Surety, bind ourselves, our heirs.
executors, adsninislrators, successors and assigns, jointly and severally, firmly by Ihese presents.
Signed and sealed this ........ .2..1..~..~. clay of ..... [!..aLt...eh:.. ...................... 19 ..9.6. .....
HIE CONDI'FION OF THIS OBLIGA:I'ION is such, that
Landmark Oene?tal Cont>~ac~ors
WI IEREAS, the said Principal has herelofore entered into a coutract with ~i01.t[~txl~ dated noveJnDe_2t 10 ,__ ,
19 __9.5___, for .... Ut~y and Paving work for Wendq's Restaurant, Coppell, Texas
W tlEREAS, the obligce 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 years from date of completion and accept-
ance, no~ ~nal wear and tear excepted.
N()W T! I I:REFORE, if Ihe said Principal shall indemnify and save harmless the obligee against loss or damage occa4oncd
tilt cci ly by the failure of said materials or workmanship, then tiffs obligation to be void, otherwise to remain in full for-ce aud
el feet. Il is understood, however, that this bond shall not include loss or damage by failure of workmanship or malo'ials due
~o hurricane, cyclone, tornado, earthquake, volcanic eruption or any similar disturbance of nature, nor militm'5; naval or
usurped power, insurrection, riot or civil commotion, nor auy act of God.
II is furlhcr uuderstood and agreed that the total liability of the surety under this bond shall in no event exceed the
sum of _O-ng___~_lndred Ninety Nine Thoas'and, Sixty Five and no/100 ...................... -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
corporalion, other than the obligee herein named.
NORTH TEXAS CONTRACTING, INC. FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Principal Surety
Dee Stone At~orney-in-Faci
, FIDELI AND DEPOSIT COMPANY OF ~. ,RYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
~nle~ HOME OFFICES: BALTIMORE. MD. 21203
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESEICFS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR., Vice-President, and
C. W. ROBBINS, Assistant Secretary, 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 an~ hereby ce_r~ to be in full force and effect on the date
hereof, do hereby nominate, constitute and appoint Derrell(~odsonlg~Vm J. Mullis, Jr., Elnora
Cruthis, Dougla. Moore and Dee Stone, Dal A -¢' rexas, EAC ................
mc true and lawtul agent and Attorney-in-Fact of each, tota~ execute, ~1 deliver, for, and on its behalf as surety, and
as its act and deed: any and all bonds a.nd,o.~takln~E. XCEPT bonds on behalf of Independent
Executors, Community Survivors an~,~unlt~rd£ans ..........................
^n~l the execution of such bonds or undertakings ~ ~X,Tance of th~esents, shall be as binding upon said Companies, as fully~x~
and amply, to all intents and purposes, as if th~q~l been dul.~e'~'~cuted and acknowledged by the regularly elected officers of
the respective Companies at their offices in ~re, Md.~fr own proper persons. This power of attorney
revokes that issued on beh&~x~K'-xYf Derr~C. Dodson, etal, dated August 8, 1994.
IN WITNESS WHEREOF, the said ~resident ~ ~sistant Secretary have hereunto subscribed their names and affixed
the Corporate Seals of the said FIDEL'I'~Y AND D~COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND
SURETY" COMPA,mC this _1_8_th %9,~',~)._____ day of_ ...... J_a_nuar¥ ....... A.D. 19__9_6_
._ ....
Assistant Secretary Vic~-Pre$ident ~
~ COLONIAL AMERICAN' CASUALTY AND SURE, COMPActlY
Assistant Secretary Vic~-President ~
STATE OF MARYLAND ~ SS:
COUNTY OF BALTIMORE ~
On this.__]:__8...t.h_._.day of_ ...... ..J._a. rJ_.u.._a_r_~' ............ A.D. 19_..9..6.. before the subscriber, a Notary. Public of the State of Maryland, duly
commissioned and qualified, came C. M. PECOT, JR., Vice-President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the
individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and
being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that
the seals affixed to the preee~ling instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as
such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
My commission expires___.A_.u.g.u._s_t__.l.,..l_9.9..6_ .....
CERTIFICATE
I, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY do hereby certify that the original Power of Auorney of which the foregoing is a full. true and correct
cop)', is in full force and effect on the date of this certificate; and I do further certify thai the Vice-President who executed the said Power of Attorney
was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,
Section 2 of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY
AND SURETY COMPANY.
This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of December, 1991.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company. whether made heretofore
or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Com-
pany with the same force and effect as though manually affixed."
IN TESTIMON,.¥ WH~EREOF, I have here~un.to subscribexi my name and affixed the corpg, fate seals of thc said Companies, this___~.~,fi~-__.day
of_ ................... .......... _
· m~rrx~ -168-0184 II ~ -- Assistant Secretary