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Waters Edge P1-CS 930524~~he City With A Beautiful Future May 24, 1993 P.O. Box 478 Coppell, Texaa 75019 214-462-0022 Mr. Mike Garrett Nathan D. Maier Three North Park Suite 30O Dallas, Texas 75231 RE: Final Acc~tance of Waters Edge A final inspection of the above referenced project has been confirmed by representatives of the City of Coppell subject to the various maintenance agreements. The drainage utility and paving has been verified and is in compliance with the City of Coppell standard requirements. Erosion protection will also be maintained until bond expiration. The one-year maintenance bonds and as-built drawings have been received from the contractor. Maturity on the bonds will be one year from the date of this letter. Maturity on the Fzmion Control Bond will be two years from this letter. Larr~ Davis Con--on Inspector Steve Ooram, Director of Public Works Kenneth M. Griffin, P.E., City Engineer Greg Jones, Building Official Mark H~cks, H.C.H. Terry Tice, Austin Paving AlU Insursnce Company American Home Assurance Company Granite State Insurance Company The Insurance Company of the State of Pennsylvania National Union Fire Insurance Company of Pittsburgh, Pa. New Hampshire Insurance Company American International Companies Principal Bond Office 70 Pine Street. New York, N.Y. 10270 MAINTENANCE BOND , as Principal, and , as Surety, are held and firmly bound , as Obligee, in the full and just sum Dollars KNOW ALL MEN BY THESE PRESENTS: That Austin Bri _dge & Road. Inc. The In.~urance C~p. an_v of the State of Pennsylvania unto City of Coppell of Twenty. Tb~qand: Thram Hundred Thirty-Two mhd 38/100- ($ 20: '~32.38~-A-A~- ), for the payment of which sum, 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. Waters Edge Joint Ve~u~e WHEREAS, The Principal has entered into a written contract dated Nov~ 25; 1992 with the14~[Elllii;I;for Paving_ ~mnr~ts to serve Waters EdKe, Phase I, in the City of Coppell, Texas ,and WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of OL't~ (1) Year after approval of the final estimate on said job, by the owner, 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 Obligec for all loss that the Obligee may sustain by reason of any defective materials or workmanship which becomeapparent during the aforesaid period, then this obligation shall be void; otherwise to remain in full force and effect. Signed, sealed and dated Bond No. 11-47-13 29586 (3/84) 23,/9 (Witne~) The-insurance Company of the State of Pennsylvania Principal Bond Offk-e: 70 Pine Street, New York. N.Y. 10230 POWER OF ATrORNEY Ne. 09-B-16803 KNOW ALL MEN BY THESE PRESENTS: TKat ~ tn$~'anee Company car the State of Pennaytvania, a Pennsylvania corporatioa, doea hereby appoint ---Dawn Knight, Paul W. Hill, John P. Oh$on, George Hulsey:. of Dallas, Texas--- its tnae and lawful Attorneyis)-m-Fact. ruth full authority to execut~ on its behalf bonds, undertakings, re. cognizances and other contrac~ of indemnity and writm~ obl~ntoty in the nature thereof, mSued in the course of its bus, neat, and to bind the company thereby. Prov/ded, however, that tw such instrument executed pursuant .to the pm~er 13'anted hereby shah exceed the rum of $15,000,000 (FIFTEEN MILLION AND 00/100 DOLLARS). IN WITNESS WHEREOF, The t~m~ Company of the State of Pennsytvama' .has executed theue pre~ents this ~ dayof ~~ ~ Mark~nior Vice President S'FATE OF NLNV YORK } COUNTY OF NEW YORK}sa. o. ~ 1 ay ot____E,~aty_, 19'~, before me came the above named officer of The Insurance Company of the State of Penna3dvania, to me personally known to be the individual and officer de.r~-ribed herein, and acknowledg~ that he executed the foregoing inatrument and affixed the seal Of said corporation thereto by authority of his office. ' ~C)SEFH B. NOZZOL10 ~ Public, State or ~,~w York No. 01.NO.4652754 i In Westchesrer~;l~qt¥ h,,,, ~ ~. 3,, .t.~.~... CERTIFICATE Excerpts of Re. solution adopted by the Board of Directors of The Insurance Company of the State of Pem~'ylvania, on May 18, 1976: · RESOLVED, that the Chairman of the Board, the President, or any Vice President be, ~nd hereby ia, authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, undertaking, recognizance~ and other contrac~ of indemnity and writinls obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the tranrmction Of its surety bu~ine~ 'RE. SOL~D, that the signaturex and attestations of such officers and the seal of the Company may be aff'utnd to any such Power of Attorney or to any cectificate relatinl thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatuws or facsimile seal Mmll be valid and bindin~ upon the Company when ~o affixed with rexpe~ to any bond, undertaking, recognizance or other contract of indemnity or wfitinl oblilatory in the nature thereof; 'iLESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing re~olutiom still be in effect may in~ert in such cetXiflcation the date there, of, said date to be not later than the date of delivery thereof by such Attorney-in-Fact.' 1, Elizabeth M. Tuck, Secretary of Thc lnaurance Company of the State of Pentw/tvania, do hereby ceflify that the fot~lg/n~ excerpts of R~Mutio~ adopted by the Board of Dirextors of thi~ corporation, and the Power of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Power of Attorney are in full force and effect. IN WITNESS WHEREOF, z ha,~ hereunto set my hand and affixed the facs/mile ~e. ad of the corporatioa this ~ day of ,19 U Elizabeth M. Tuck, Secretary AMWES, SURETY INSURANCE ,.;OMPANY WOODLAND HILLS, CALIFORNIA BOND NO. 015001817 PREMIUM $1,731.00 Premium charged on 12 month basis at Surety's current rate. MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, HCH CONSTRUCTION, INC. 1475 RICHARDSON DRIVE, SUITE 230, RICHARDSON, TX 75080 (hereinafter called Principal, as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of TEXAS , (hereinafter called Surety), as Surety, are held and firmly bound unto CITY OF COPPELL '~----:--~'~r ..... '~ uu.~otS), ii3 the sum of Seventeen Thousand Three Hundred Fourteen and 03/].00 DOLLARS ($ ].'7,3].4.03 .), lawful money of the United States of America, to be paid to the said Obligee, or its successors or assigns, to the payment of which sum well and truly to be made, we do bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal entered into a contract with the said Obligee, dated ;~~]: 25, 1992 for WATER SEWER & STORM SEWER IMPROVEMENTS .WATEr, S ~ F, STA~F,S COPPELL, TX and, WHEREAS, the Obligee requires that these presents be executed on or before the final completion and acceptance of said contract and WHEREAS, said contract was completed and accepted on the 27th day of April _, 1993 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall remedy without cost to the Obligee, any defects which may develop during a period of Twelve months from the date of completion and acceptance of the work performed under the contract, caused by defective or inferior materials or workmanship, then this obligation shall be void; otherwise it shall be and remain in full force and effect. SIGNED, SEALED AND DATED THIS 27th DAY OF April, 1993. HCH CONSTRUCTION, INC. Principal AMWEST SURETY INSURANCE COMPANY 1231 GREENWAY DR., SUITE 960, LB 16 IRVING, TX 75038 KELLY J. BROOKS Att..ney-m-Fact ~ LJp~4-A3014 b,92 BOND NUMBER 015001817 PRINCIPAL ltClt COI~TRUC'TION, INC. OBLIGEE CITY OF COPPKLL POWER NUMBER NOT VALID FOR BONDS 0 0 0 20 7 5 9 0 -59 EXECUTED ON OR AFTE! 2-10-94 PEP~ SUM -. $17,314.03 RI!Al) ( ARI!I:[/I.I Y - '1o bc re. cd o.l~ i. co.ju.clio, wilh Ibc bo.d spccilicd hcrci. This document is printed on multi-colored security paper with black and red ink, with border in blue ink and bears the raised seal of Amw.est Surety Insurance Company (the "Company"). Only unaltered originals of this Power of Attorney are valid. This Power of Attorney is valid solely in connection with the execution and delivery of the bond noted above and may not be used in conjunction with any other power of attorney. No representations or warranties regarding this Power of Attorney may be made by any person. This Power of Attorney is governed by the laws of the State of California. Any power of attomey used in connection with any bond issued by the Company must be on this form and no other form shall have force or effect. KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety Insurance Company, a California corporation (the ~Company"), does hereby make, constitute and appoint: KELLY J. BROOKS AS AN EMPLOYEE OF AMWEST SURETY INSURANCE CCMPA[~¥ its true and lawful Attorney-in-Fact, with limited power and authority for and on behalf of the Company as surety, to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances or other written obligations in the nature thereof as follows: Bid Bonds up to $.~1,000,000.00 Contract (Performance & Payment), Court, Subdivision License & Permit Bonds up to $001,000,000.00 Miscellaneous ~onds up to $~1,000,000.00 Small Business Administration Guaranteed Bonds up to $~01,000,000.0 $~O1,250,000.0 and to bind the Company thereby. This appointment is made under and by authority of the By-Laws of the Company, which are now in full force and effect. CERTIFICATE I, the undersigned secretary of Amwest Surety Insurance Company, a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board. of Directors .set forth on the reverse, and that the relevant provisions of the By-Laws of the Company, are now in full force and effect. Signed and sealed at Irvxng, Texas ~ ~ Karen G. Cohen, Secretary ~~~ PosCO~ce ~x 45~ this 27th day of April 1993 0000207590 ' 59 Woodland Hills, CA 91365-4500 TEL 818 704-1111 ~ ~~~ gesolutions of the Board of Directors ~'-; ....... , __ :g- This Power of Attorney is signed and sealed by fa~csimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 15, 1975: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in- fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company': (i) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile' to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually' affixed. IN WITNESS YVHEREOF, Amwest Surety Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 1st day of December, 1990. John E. Savage/'/Sres~.dent STATE OF CALIFORNIA, COUNTY OF LOS ANGELES On this 1st day of December, 1990, personally came before me John E. Savage and Karen G. Cohen, to me known to be the individuals and officers of Amwest Surety Insurance Company, who executed the above instrument, and they have acknowledged the execution of the same, and being by me duly sworn, did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. Ana B Notary Public RestriCtions and Endorsements