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Denton Tap L2R BA-CS011102 T H E C I T Y 0 F' CO?i ELL November 2, 2001 Gerald White Preston Engineering & Construction, Inc. 6310 LBJ Freeway,//208 Dallas, TX 75240 Denton Tap Development (Everybody Fits) Final Acceptance Dear David: 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. Sincerely ~/~ Construction Inspector Ken Griffin, Director of Engineering & Public Works Rhonda Brothers, Engineering Secretary Glenn Hollowell, Asst. Director of Public Works Greg Jones, Chief Building Official Travis Cramp, Fire Marshal David Reid, P.E., Dowdy, Anderson & Associates William Boorhem, CB & B Joint Venture 255 PARKWAY ~ P.O.BOX 478 ~ COPPELL TX 750~9 1~ TEl 972/462 0022 ~ FAX 972/304 3673 MAINTENANCE BOND · 5 Bond No. CC06990034. KNOW ALL MEN BY THESE PRESENTS: THAT. WALKER UTILITIES, INC_., P O BOX 54122, HURST, TX 76054, as Principal and CUMBERLAND CASUALTY & SURETY COMPANY, a Corporation duly authorized to transact general surety business in the State of Texas, as Surety, are held and firmly bound unto CITY OF COPPELL, 255 PARKWAY BOULEVARD, COPPELL, TX 75019, hereinafter called the "Obligee", in the sum of N1NETY SEVEN THOUSAND SEVEN HUNDRED TWO AND 88/100 Dollars ($ 97,702 88),lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT: WHEREAS, the Principal entered into a written agreement for PUBLIC UTILITIES FOR EVERYBODY FITS, 200 FITNESS CT, COPPELL, and; TX WHEREAS, the said Principal is required to post a bond to protect the said Obligee against the result of faulty material or workmanship tbr a period of two (2) years from and after the date of substantial completion of said work and; NOW, THEREFORE, if the said Principal shall for a period of two (2) years from the date of substantial completion of said work, replace any and all defects arising in said work, whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise, to remain in full force and effect SIGNED, SEALED AND DATED this 24th day of October,2001. WALKER UTILITIES, INC Principal CUMBERLAND CASUALTY & SURETY COMPANY Surety CUMBERLAND CASUALTY & SURETY COMPANY TAMPA, FLORIDA BOND N{2_ CC069900545 KNOW ALL MEN BY THESE PRESENTS: That the Cumberland Casualty & Surety Company, a corporation duly organized under the laws of the State of Florida.having its principal office in the city of Tampa, Florida, pursuant to the fo(lowing resolution, adopted by the Board of Directors of the said Company on the 15th day of April, 1999, to wit: "Resolved, that the President of the Company shall have the authority to make, execute and deliver a Power of Attorney constituting as attorney(s) in-Fact, such persons, firms, or corporations as may be selected from time to time Be It further resolved, that the signature of the President, Secretary 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 powers so executed and certified by facsimi(e signature and facsimile seal shall be valid and binding uponthe Company inthe future with respect to any bond or consents for the release of retained percentages and/or final estimates on eng~neenng and construction contracts or similar authority or undertaking to which it is attached" Cumberland Casualty & Surety Company does Hereby make, constitute and appoint Pauline L Lesch its true and lawful attorney(s)-in-fact, for it and in its name, to sign, execute, acknowledge, deliver, act and deed on its behalf in issuin9 the bond CC069900345 in the amount of $97,702.88 and to bind Cumberland Casualty 8, Surety Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officer of Cumberland Casualty & Surety Company, and all the acts of said attorney(s)-in fact pursuant to the authobty herein g~ven, and hereby ratified and confirmed STATE OF FLORIDA ) ~ CUMBERLAND CASUALTY & SURETY COMPANY COUNTY OF HILLSBOROUGH) Edward .L Edenficld IX', Presiden~ On this 15th day of April AD 1999, before me personally came Edward J Edenfield IV, to me known, who being by me duly sworn, did depose and say; that he resides in the County of Hillsborough,State of Florida: that he is President of Cumberland Casualty & Surety Company, the corporation described in and which executed the above instrument: that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order ,~7. ~.~:. ~ ..~, -- '-., (.)..-...,.,.C_ _ ..... STATE OF FLORIDA ) } COUNTY OF HILLSBOROUGH) SS BEVERLY AN N JERRY I, the unders gned, Secre ary of Cumberland Casualty & Surety Company, a Florida Corporation, that the foregoing and attached POWER OF ATTORNEY remmns m full force Signed and Sealed at the City of Tampa Principal: WALKER UTILITIES, INC. Bond Type: MAINTENANCE BOND Obligee: CITY OF COPPELL DO HEREBY CERTIFY Cumberland Casualty & Surety Company In accordance with Section 2253.021 (t'), Texas Government Code and Section 53.202(6), Texas Property Code, any notice of claim to the named surety under this bond(s) should be sent to: Cumberland Casualty & Surety Company 4311 West Waters, Suite 501 Tampa, Florida 33614 Phone No. 813-885-2112 Fax No. 813-885-6734 MAINTENANCE BOND Bond No..5-900 4111 KNOW ALL MEN BY THESE PRESENTS, That we, Preston En~ineerin,c] & Construction, ]:nc. (hereinafter called the 'Principal') as Principal, and the Washinqton Tnternational Tnsurance Company , a corporation duly organized under the laws of the State of Arizona and duly licensed to transact business In tine State of Texas (hereinafter called the 'Surety'), as Surety are held and firmly bound unto City of Coppell, 255 Parkway Blvd., Coppell, TX 75019 (hereinafter called the 'Obligee'), in the sum of Thirty Two Thousand Five Hundred Seventy Eight and 50/100 ....... ~ ........................ ($3;?,578.50 ) for the payment of which are well and truly to be made, we, the said Principal and the said Surety, bind oumelves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and sealed this ?8th day of .september , 20 01 THE CONDITION OF THIS OBLIGATION is such, that WHEREAS, the said Principal has heretofore entered into a contract with Brian Kennedy dated ,Tune 2000 , for Everybody Fits - Concrete Paving for Fitness Court and Associated Approaches WHEREAS, the obr~gea has requested that said work be guaranteed against f. ail.u.m ol~l~USe of.dofe~i .va ~ workmanship or material, performed or furnished by said principal for a perioo o! TWO[, ~ years nom sam m completion and acceptance, normal wear and tear excepted. NOW THEREFORE, if the said Principal shall indemnify and save harmless the obliges against less or damage occasioned directly by the failure of said rsateriale 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 erul:~on or any similar disturbance of nature, nor militmy, naval or usurped power, insunection, riot or civil commotion, nor any act of God. It is further understood and agreed that the total liability of the sure[7 under this bond shall in no event exa d Its sum of !hirty Two Thousand Five Hundred Seventy Eight ond §O/lO0 ........... Dollars. No right of action shall accrue upon or by mason of this obligation, to or for the use or benefit of any person, firm or corporation, other than the obliges heroin named. Preston Engineering & Construction, Inc. Principal By; ~__ Washington Tnteenational Znsurance Company Surety Connie ~tr[ford, Attorney-in-Fact NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its pr nc pal office in the city of Itasca Illinois each does hereby make, constitute and appoint' Derrell C. Dodson, Sam $. MuIIis, Elnora C~mthis, Danin I. Weber Patricia Bartlett, Connie Wofford and Robert D. Hurst iointl¥ and / or severally Its true and lawful Atturney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TEN MILLION (i0,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 2~[th of March, 2000: "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistmit Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Atiorney to execute on behaff of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attumey and to attach therein the seaI of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to may such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." IN WITNESS WHEREOF, North A~nerican Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 14 day of February ,20 01. North American Specialty Insurance Company Washington International Insurance Company State of lllinois Yasmin A. Patel, Notary Public County of Cook ss: I4 day of February ,20 01 , before me, a Notary Public personally appeared and Daniel G. Gibson , VP, CFO and Treasurer of both aforementioned companies and Steven P. Anderson , Sr. Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. 1, Robert I. Cate , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a tree and correct copy ora Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 2 8t:hday of S ep~zomb er ,20. 0 1 Robert I. Cate Assistant Secretary