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Gunner Sub-CS 991105 The City With A Beautiful Future 972-462-0022 P.O. BOX 478 COPPELL, TEXAS 75019 November 5, 1999 Mr. Mark Morris EPI Property Development, L.P. 14990 Landmark Blvd., Suite 300 Dallas, Texas 75240-6729 RE: Gunner Addition - St. Marin Apts. Dear Mark: The water, sanitary sewer, paving and drainage facilities in the above referenced addition were inspected during construction by the City of Coppell Engineering Department and were installed according to the plans and our specifications governing such work. As of the above date, the facilities are accepted subject to the two-year maintenance agreement. Thank you for your cooperation during this construction and if I can be of further service, please contact me at 972-304-3685. Sincerely, cc: Site Concrete, Inc. (fax: 972-513-0825 Greg Jones, Building Inspections Lee Stone, Building Inspections BONED NO.: 22003510 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Site Concrete, Inc. as Principal, and Liberty Mutual Insurance Company as Surety, are held and finvJy bound unto City of Coppell Obligee, in the full and just sum ofSevent3,- Two Thousand Five Hundred Seventy Three and 64/100 ($72,573.64), lawful money of The United States for the payment whereof, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a written contract dated 05/04/98 with Ewing North American Properties, 1490 Landmark Blvd.,//300, Dallas, TX 75240 for Left Turn Lane, Decelaration Lane, Approaches & Utilities, St. Marin Apartments Phase I, Coppeil, TX and WHEREAS, Obligee provides that the Principal will furnish a bond conditioned to guarantee for the period of Two (2) year(s) after approval of the final acceptance on said job, by the City, against all defects in 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 This 28th Day of January, 1999. Site Concrete, Inc. (Principal) (Vgitness~) - ~)'~ ' Width/ '~///~..~~~ ~/~y.~_~ LibertY(Surety) Mutual Insurance Company Michael B.HilI, Attorney-In-Fact 468003 Thi~ Power of Attorney limi~ th~ ac~ o~ tho~e ~amed herein, and they hav~ no aut~orily Io bind the Compan~ manner and to th~ extent her~i~ UB~TY MUTUA, INSURANC~ COMPANY BOSTON, MASSACHUSETTS ~OW~R O~ ATTOrNeY KNOW A~ P~RSONS BY TH~ ~S~NTS: That U~y Mulual In~uranc~ Company (the "Company"), a Massachusetts mutual insurance company, pursuant zo and by authority of the By-law and Authoriza~on ~ereinafter set fodh, does hereby name, constitute and appoint, ~U~NN~ G. ~A~DWIN, WI~UAM D, ~DWIN, CINDY ~Ow~, MIGHA~ ~MITH, A~ O~ TH~ CITY O~ ~I~HA~D~ON, 8TAT~ O~ T~A~ .............. . ................................ , each individually if there be more than one named, its t~ue and lawful attorney-in-fact to m~ke, execute, seal, acknowledge and deliver, for and on its -- __ behalf as surety and ~ its act and deed, any and all undedak~ngs, bonds, recognizances and other sureW obligations in the penal sum not exceeding SEVEN~-FIVE *************************************** DOLLARS ($75,000,000 ********** ) each, and the execution of such bonds or unde~akings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and eEested by the secreta~ of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessa~ to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all unde~akings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set fo~h in their respective powem of aEorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such instruments shall be as binding as if signed by the president and a~ested by the secretary· By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint a~omeys-in-fact: Pursuant to A~icle XVI, Section 5 of the By-laws, Assistant Secreta~ Garnet W. Elliott is hereby authorized to appoint such attorneys-in-fact as may be necessa~ to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization above set fo~h are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Libe~y Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this _ 2~h day of .IHne 19 98 · LIBERTY MUTUAL INSURANCE COMPANY Garnet W. Elliot, Assistant Secreta~ COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 2~h day of June A.D. 19 98 , before me, a Notary Public, personally came the individual, known to me to be the therein des~[~dual and officer of Libe~y Mutua Insurance Company who executed the preceding instrument, and he acknowled- ged that he executed ~a~e a~ the seat affixed to the sa d preceding nstrument is the corporate seal of said company' and that sa d corporate sea and h~s s~gnatu~ as duty aff~xed and subscribed to the said instrument by authority and direction of the said company ~ ~ ?~ ~' ~ - ~ ~: ?%, ~ ~ - IN TESTIMOR~REOF, I h~ set my hand and aff x m off c at seal at PI mou Meetin P the.da and ear f rst above written ~ ~ .... ...~,~ ~ y . y ~ou~ g, P~. _ y y . ~ ~ ' ~-~ ~' ' Nota~ Public ~, ;;~ .~,., -'~ '~' .:~; ? CERTIFICATE , the unders~gne~;.A~t~eCreta~ of L~be~y Mutual Insurance Company, do hereby cedify that the original power of attorney of which the foregoing is a full, true anB'b'5~[' ~o~ is in full force and effect on the date of this ceAificate' and I do fudher ce~i~ that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney-in-fact as provided in A~icle XVI, Section 5 of the By-laws of Libe~y Mutual Insurance Company. This ce~ificate may be signed by facsimile under and by authority of the following vote of the board of directors of Libedy Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a cedified copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed the corporate seal of the said company, this 28th day of January ' , 19 99 ;' '~ ~.~~~etary~ : ~ ~sista THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTIVE AFTER Jun~ IMPORTANT NOTICE TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT You may contact the Texas Department o£ 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 No. (512) 475-1771 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim, you should contact the company first. I£the dispute is not resolved, you may contact the Texas Department o£ Insurance. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition o£the attached document. SITE CONCRE , INC. Street Address: 3332 Roy Orr · Grand Prairie, TX 75050-4207 972-313-0733 · Fax 972-513-0825 Mailing Address: P.O. Box 154489 · Irving, Texas 75015-4489 Estimating Fax 972-513-0661 To: Ewing North American Properties JOB NO: 9851 14990 Landmark Boulevard, St. 300 PROJECT: St. Marin Apts Dallas, Texas 75240 EST. NO. Utilities RETAINAGE FROM: 12/21/98 TO: 01/20/99 (------QUANTITIES----) ITEM DESCRIPTION PLAN Q THIS TOTAL TO UNIT AMOUNT AMOUNT NO. OF ITEMS ESTIMATE DATE PRICE THIS ESTIMATE TO DATE Domestic Water \ Fire Line 12. 12" x 4" Tap EA 1 1 $1,750.00 $0.00 $1,750.00 13. 4" MeterAssembty EA 1 1 $3,000.00 $0.00 $3,000.00 22. 12" x 6"Tap EA 1 1 $2,125.00 $0.00 $2,125.00 23. 6" Meter Assembly EA 1 1 $3,200.00 $0.00 $3,200.00 24. 8" Double Check Valve with Vault EA 2 2 $10,475.00 $0.00 $20,950.00 Sub-Total $0.00 $31,025.00 Wastewater 1. 12" SDR-35 LF 1,044 1,044 $19.27 $0.00 $20,117.88 5. 18" Bore and Casing LF 232 232 $150.00 $0.00 $34,800.00 6. 60" Manhole EA 4 4 $2,350.00 $0.00 $9,400.00 14. Connect to Existing Manhole LS 1 1 $750.00 $0.00 $750.00 Sub-Total $0.00 $65,067.88 Storm Sewer 37. Connect 18"to Existing 18" RCP Curb Inlet EA 1 1 $300.00 $0.00 $300.00 42. "Y" Inlet 4' x 4' w/apron EA 1 1 $2,500.00 $0.00 $2,500.00 45. Remove Inlet & Connect to Existing 36" RCP/inlet la EA 1 1 $500.00 $0.00 $500.00 Sub-Total $0.00 $3,300.00 TOTAL TO DATE: $99,392.88 SITE CONCRETE, INC. ~~. Street Address: 3332 Roy Orr · Grand Prairie. TX 75050-4207 972~313-0733 · Fax 972-5 [3-082'5 Maili ag Address: P.O. Box 15¢g89 · [fyi rig, Texas ?5015-4-489 E,,,timatl ng Fax 972-5 t 3-066 t TO: Ewing North American Properties JOB NO: 9851 1490 Landmark Boulevard, St. 300 PROJECT:St, Matin Apartments Dallas, Texas 75240 EST. NO. Turn Lanes RETAINAGE FROM: 12/21/98 TO: 01/20/99 (----QUANTITtES~) ITEM DESCRIPTION PLAN Q THIS TOTAL TO UNIT AMOUNT AMOUNT NO. OF ITEMS ESTIMATE DATE PRICE THIS ESTIMATE TO OATi- 1. Remove Curb & Gutter LF 586 586 $3.00 $0,00 $1,758.00 2. Saw Breakout Groove LF 604 604 $2.50 $0.00 $1,510.00 3. Remove Existing Inlet EA 1 1 $750,00 $0.00 $750.00 4. Plug Existing 21" Pipe EA 1 1 $250.00 $0.00 $250.00 5. Prep Subcjrade SY 850 850 $2.50 $0.00 $2,125,00 6. Hydrated Lime (36#/sy) TN 15.3 15.3 $85,00 $0.00 $1,300.50 7. 8" Reinforced Concrete Pavement SY 795 795 $29.20 $0.00 $23,214.00 8. Monolithic Curb LF 550 550 $2.00 $0.00 $1,100.00 9. Median Paving SF 332 332 $2.20 $0.00 $730.40 10. Entrance Pavers SF 576 576 $10,75 $0.00 $6,192.00 11, 3" Electric Sleeves LF 200 200 $10.50 $0.00 $2,100.00 12. Traffic Buttons EA 25 25 $17.50 $0.00 $437.50 13. Traffic Control LS 1 1 $3,000.00 $0.00 $3,000.00 14. Maintenance Bond (2 yr, 50%) LS 1 1 $1,287.00 $0.00 $1,287.00 TOTAL TO DATE: $45,754.40