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Waterside P2-CS 921009 (3) P.O. Box 478 Coppell, Texas 75019 The City With A Beautiful Future 214-462-0022 October 9, 1992 Mr. Bill Anderson Dan M. Dowdey & Associates 16250 Dallas Parkway, Suite 100 Dallas, TX 75248-2684 Re: Waterside II Phase I Final Acceptance Dear Mr. Anderson: 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 (October 9, 1993). Maturity on the Erosion Control Bond will be two years from this letter (October 9, 1994). Sincerely, Larry Davis ~-'f'~"~'A -~'-~ Construction Inspector cc: Steve Goram, Director of Public Works Kenneth M. Griffin, P.E., City Engineer M. Shohre Daneshmand, Civil Engineer Greg Jones, Acting Building Official Phillip Cullum, Cullum Construction Greg Krieg, Rebcon, Inc. Robert Caudill, Tiseo Paving Company waterfi 1 Merchan[s MAINTENANCE BOND Bonding Company Bond No. TX-481958 KNOW ALL MEN BY THESE PRESENTS, that we The Kaufman Company, Inc. as Principal, and Merchants Bonding Company (Mutual) a Corporation organized under the laws of the State of Iowa and duly authorized to do business in the State of Texas as Surety, are held and firmly bound unto City of Cop~ell, Texas as Obligee, in tile penal sum of One Thousand Eight Hundred Eighty Three & no/100 ($1,883.00 ) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal has caused to be constructed Sidewalk Construction for Waterside Estates II in Coppell, Texas , WHEREAS, said Obligee requires that the Principal furnish a bond conditioned to guaran- tee for the period of one year(s) 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, and WHEREAS, the said contract has been completed, and was approved on the 14th day of July , 19 92 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 de- fective materials or workmanship which become apparent during the period of one year(s) from and after July 14, 1992 then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 14th day of July 19 92 The Kaufman Company, Inc.  Principal BY: ~/~ Mercha~s Bonding.~Co Mutual-~'' ~" BY: ' : 2 ~ · C~ ~ Paul B. Ro~~ Attorney-in-Fact~ 512-34~33 ~. 6836 ~u.win Cenwr Bh'd · Suite 2~ · A~ti., Texas 78731 WA~: 1-8~52-~56 P.O. B~x 26720 · ,4us~in, Texas 78755-0720 FAX: 1-512-343-8363 MER, ANTS BONDING Co, ANY (Mutual) · DES MOINES, IOWA POWER OF ATTORNEY Know All Men By These Presenls. Ihat the MERCHANTS BONDING COMPANY (Mutual). a corporation duly organized under the laws of lhe Slate of Iowa, and having its principal office in the City ol Des Moines. County of Polk, State of Iowa. halh made. consmuled and appoinled, and does by these presents make. conslitute and appoinl Paul B. Robinson ot Austin and Sta~e of Texas its true and lawful Attorney-in-Fact. v,.,¢.!- full power and authorily hereby conlerred in ils name. place and slead. ID sign. execute, acknowledge and deliver in its beball as sure~./: Maintenance Bond ~TX-481958 Principal: The Kaufman Company, Inc. Obligee: City of Coppell, Texas Amount: $1,883.00 and Io bind lhe MERCHANTS BONDING COMPANY (Mulual) lhereby as lully and lo lhe same extent as il such bond or under,akin9 was signed by the duly authorized officers of Ihe MFRCHANTS BONDING COMPANY (Mutual). and all the acts of said Atlorney. pursuant to lhe authorily herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by aulhorily of lhe following By-Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (Mutual). ARTICLE 2. SECTION 6A. -- The Chairman o~' Ihe 8oard or Presiden! or any Vice President or Secretary shall have sower and authorily to appoint Attorneys-in-Fact. and Io authorize Ihem to execute on behalf of lhe Company. and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of i~de.,'n~ity and other wriliags obligaio~7 in the nalure thereof. ARTICLE 2. SECTION 6B. -- The signature of any aulhorized 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 surelyship obligations of the Company. and such signature and seal when so used shall have Ihe same Iorce ar-;d el"led as though manually fixed. In Witness Whereof. MERCHANTS BONDING COMPANY (Mutual) has caused these presents to be signed by its Vice Presidenl and Executive Vice President. and its corporate seal to be hereto affixed, this let day of January A.D. 19 92 Attesl: MERCHANTS BONDING COMPAf.~Y fMutual) V~ce President ' ~, ~ecut,:'e : ce Pres COUNI¥ OF POLK ss ....... ' On this let day of January ,19 92 , before me appeared M.J. Long and Rodney Bliss III, to me personally known, who being by me duly sworn did say that they are Vice President and Executive Vice President respectively o! the MERCHANTS BONDING COMPANY (Mutual), the corporation described in the toregoing instrument, and that the Seal affixed to the said instrument is lhe Corporate Seal of the said Corporation and lha! the said instrument was signed and sealed in behalf of said Corporation by aulhority of its Board of Directors. In Teslimony Whereof, I have hereunto set my hand and affixed my Official Seal, at the City of Des Moines. Iowa the day and year first above written. · '~' .. .... .. 0 · · ~' ,.' ". 'F : Notary Pl~blic. Poi,, Co~rlt¥. Iowa · .. ." ..., ." 8-4-92 ,....o? ........ ..;?. ~IA%. GOUNIY OF POlK .~ I, ~.J. l_on~, ¥ico ~resident o! tho M[RCH^~IS BONDING COM~^NY (Mutual}, do hereby certiht Ihat the above and ~ore~oing is a true and corroc! ¢op¥ o[ tho ~OWFR OF ^TTORN[Y. oxocuted by said MFRCH^NI$ BONDING COMPANY (Mutual), which is slill in force and effect In Wilness Whereof, I have hereunto sel my hand and affixed the seal of the Company, at .'-; · · ~his 14th dayof July 19, 92 ..'q~ lhis power o! attorney expires until rovoked ' ;.. ...... ....~.o Bond NO. 5696568 ~OW ALL DEN BY TP~'SE PP~ESENTS, That we Q,,]]mn Construction Co~Dan_~, Inc. 2814 I-~,,~tr~a] ,Gar]~-~, Te-~ 75041 as Pr~cipa!, and ~A~CO ~S~AN~ C~ 0F A~KKT~ a Corporation organized ~der the laws of the State of ~h~nKt~ and duly authorized to do bus,ess Ln the State of Te~8~ as Surety, are held and firmly bo~.d unto Cit~ of Coppell, Te~s as Obligee, ~ the penal s~ of ~e~t~ ~ ~s~-~ ~ree ~,,-~re4 ~l~e ~ 2~/1~ ......... - ($ ~,31~.~6 ) to which pap. ent well and truly to be made we do bind ourselves, our and each of our heirs, executors, a~.istrators, successors ~nd assigns jo~tly and severally, fi~ly by these presents. W~P~.S, the said Pr~cipa! entered ~nto a contract with the St~,~r4 Pacific of Texo~, I~4n~. Te~n~ dated July ~5. 1992 for " Ut~lit~es to Se~e Waterside Estates ~2 - PHI _ Coppell, Te~s WP~P~AS, said contract provides that the Pr~.cipa! will fu~ish a bond conditioned to ~ar~tee for ~he pericd of ~e (1) year(s) after approval of the f~.a! estL~,ate on said job, by the o~er, against all defects ~n 'wcrl-~aPshiD and materials which may become apparent during said period, ~d Wp~_~.,S, the said contract has been completed, and was aD~roved on day of 1~2 ' ~ the ~c~a1 NC?;, Ti~F~FCPS, TI~ ~r~vO~ OF THiS O~IGATiCN IS SUCH that, ........ ~ - shall ~=' the Cbligee for a1~ loss that t~ Ob!igee ma'; sustain bM reason of ~ ~ %:~ which become ammarent during the Defied of -~==~--= materials or wc_~.a_.s.._~ - ~e (1) year(s) from and after then this obligation shall be void, otherwise to ramaLn in full force and effect. S~==~D , S~A~D A}~ DASD ~ ~S~U~I~ ~~m ~C. (Seal) ._ B~: ~ ~~ (Sea!) S~ ~S~ ~~ OF ~~ (Seal) ' A t ~or.~i '-~-Fac t'~ Linda Spratt  POWER SAFECO INSURANCE cOMPANY OF AMERICA OF ATTORNEY GENERAL INSURANCE COMPAI'~Y OF AMERICA HOME OFFICE: SAFECO PLAZA SAFECO SEAttLE, WASHiNgTON No. _ 3318 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA a~;d GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint DAVID O. TURNER; HARRY J. BROWNLEE; STEVEN W. POND; STEVEN A. GUCKENHEIMER; MICHAEL DWIGHT WILLIAMS; LINDA SPRATT; JEFFERY L. TRENTHAM; Dallas, Texas its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 13th -- ___ day of .. April 19 90 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. -- FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (0 The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this day of 19 S 974 RIO 3 86 CULLUM CONSTRUCTION COMPANY, INC. MUNICIPAL CONTRACTORS Post Office Box 8455 Dallas, Texas 75205 STANDARD PACIFIC OF TEXAS JULY 25, 1992 5525 HacARTHUR BLVD, SUITE 580 ESTI}.LATE # 4 & FINAL JOB # 1161 IRVING, TEXAS ~5238 UTILITIES TO SERVE WATERSIDE ESTATES # 2- PHI COPPELL TEXAS CONTRACT QUANTITY ITEH UNIT AMOUNT QUANTITY INSTkLiJED PRICE INSTI~!.T,P,D PHASE I-A WATER 680.00 680.00 -LF- 8' PVC 10.20 6,936.¢)O 30.00 30. Oe -LF- 6" PVC '8.00 240.O~ 2.~D 2.~O -EA- g" GATE VAL'vq{:S 380.00 760.O~ 1. O(D 1.00 -F_~,- 6" GATE VAL%qES 270.OO 270.OO !.~ 1.OO -EA- FIRE HYDRANTS 1,O95.OO !,O95.O(D !.(~a 1.OO-EA- 2" BLOW-OFF VALVE 550.00 550.O~ 0.30 0.30 -TONS- FITTINGS 2,320.(lRD 696.00 15.~ 15.OO-EA- 1' SERVICES 368~O(D 1.00 1. O0 -LS- WATER TEST 380'OO 380.00 !. 00 i. 00 -EA- 1" IRRIGATION SERVICE 368.(~D 368.OO 0.~ (D.~e -LF- 3" T U CONDUIT, INSTALL ONLY 4.50 0. 1OO.~ 1Oe. OO -LF- 4" IRRIG CONDUIT, INSTALl, ONLY 6.00 6OO.(DO TOTAL WATER 17,415. (30 SANITARY SEWER 495.00 495.00-LF- 10" PVC 12.O~ 5,940.O{) 245.00 245.00-LF- 8" PVC 10.90 2,670.50 3.O~ 3.(30 -EA- 4' I'[kNHOLE 1,315.(1~) 3,945.(~)(~ 1. O~ 1.00 -EA- CIJ~ANOUTS 270. O{) 270. ~ 15.OO 15.OO -EA- 4" I2~TER_ALS 235.O~D 3,525.O~ 1.O~ 1.00 -EA- CONNECT TO EXIST MANHOLE 470.0~) 470. 1. ~ 1.O(D -LS- SEW-ER TEST & TV 1, l(~.~D 1,1OO. ~ 1.O~ !. (~ -LS- TRENCH SAFETY 4OO.(~ 4¢~D.(~ 20. (D~ 2e. 00 -LF-CONCRETE ENCASEHENT 15.00 3(l~a. O~ T©TkL SANITARY SEW'ER 18,620.50 STORH SEWER 209.(~3 209 O~. -LF- 24" RCP 29.50 6,165.50 14.00 14 00 -LF- 18" RCP 24.50 343.(D~ 2.(~ 2 (i~ -EA- 8' CURB INLETS 1,750.O(D 3,5(DO.OO 1.O(~ 1 00 -EA- PIPE CONNECTIONS 270.O(D 270.0(~ 1.OO 1 00 -LS- TRENCH SAFETY 100.OO 1~.0~ 1. (~a 1 00 -EA- CONCRETE & STONE HFJLDWAI~L 1,9~. (DiD 1,90(D. 00 TOTAL STORH SE~fER 12,278.50 1.(~50 1 . Oe -LS- PERFORMANCE & PAY}lENT BOND 1,3(~D.i~D 1,3OO.(~D TOTAL WATER , SEI'rER & STOt:LH SEWER 49,614.OO PHASE !-A (214) 2~' 1-9333 ~. ~ JLLUM CONSTRUCTION COM~. 'tY, INC. MUNICIPAL CONTRACTO~.-~ Post Office Box 8455 Dallas, Texas 75205 STANDARD PACIFIC OF TELAS JULY 25, 1992 5525 HacARTHUR BL\qD, SUITE 589 ESTIMATE i 4 & FINAL JOB # 1161 ~_3~ UTILITIES TO SERVE IRVING, TEXAS ~- ~ WATERSIDE ESTATES # 2- PH I COPPELL TEXAS CONTRACT QUANTITY ITEI'[ UNIT AMOUNT QUkNTITY INSTA!.T .P,D PRICE INSTAJ~D PHASE I ........ WATER ,~ ~ 19.29 28 356.~ 2,780.~ 2 ,89.~0 -LF- 8" PVC ' 139.~D 130.~ -IF- 6" PVC 8.99 1,O40.~ 8.~ S.~ -EA- 8" GATE VALVES 380.00 3,O49.~ 4.~ 4.00 -EA- 6" GATE VALVES 270.~ 1,O80.~ 4.~ 4.09 -EA- FIRE HYDP~TS 1,~95.~ 4,380.~) o.~ ~ ~9 -EA- ~'' BLOW-OFFS 550.~ 1,1~.~ !. 39 1 39 -TONS- FITTINGS 2,320.~D 3,O16. 49.~ 49 ~9 -EA- 1" SERVICES 368.~ 18,O32.OO 1.OO ! 09 -LS- WATER TEST -7~X~.~ 7~.~ 1.O~ 1 ~ -LS- WATER CROSSING AT BOX 1,9OO.~O 1,900.~ 1.~ ! 90 -EA- 1" IRRIGATION SERVICE 36~.~D 368.~D 1. C~D 1. ~O -EA- 3/4" IRRIGATION SERVICE 368.~ 368.~ O.99 ~.~ -IF- 3" T U CONDUIT, INST~T.T, ONLY 4.~O O.00 O.O0 9.09 -I.~~- 4" T U CONDUIT, INSTALL ONLY 5.~ . 0.00 340.~ 349.~O -LF- 4" IRRIG CONDUIT, INSTALL ONLY 6.00 2,O40.O~ TOTAL WATER 65,420. S~_NI TARY SEWER ~ 142.O43 ~ 142.~9-IF- 10" PVC 12.O{) 5,704 00 514.OO 514 O~ -IF- S" PVC 10.90 5,602.60 8.00 $ O~ -EA- 4' t'[~dqHOLE 1,315.OO 10,520.OO 6.00 4 09 -FA- CI~OUTS 279.00 1,O80.O(~ 49.O~ 49 eO -EA- 4" LATERALS 235.00 11,515.~ I.O¢ 1 ~e -EA- CONNECT TO EXISTING MANHOLE 470.00 470.00 1.~ 1 00 -LS- SEWER TEST & TV 4,100.OO 4, 1.00 !. 00 -LS- TRENCH SAFETY 5~3.~X3 500.O0 TOTAL SkNITARY SEWER 59,491.60 STOR/-{ SEWER ~.O(3 ©.O~ -LS-6 X 5 BOX CULVERT w/HEJLDWAI~L 138,OO~.OO O.~X3 234.00 234.09 -LF- 24" RCP 29.50 6,903.00 53 99 53 00 -LF- 21" RCP 27.00 1,431.OO ~ . ,733.OO 234 O~ _.4 ©~ -LF- !8" RCP 24 50 5 2 99 4 00 -EA- 8' CURB INLETS 1,759.OO 7,000.00 6 {)0 4 90 -EA- 6' CURB INLETS 1,6OO.OO 6,400.00 4 Oe 4 Of^ -EA- PIPE TO PIPE CONNECTIONS 270.09 1,080.OO 1 09 i ~ -LS- TRENCH SAFETY 150.OO 150.OO 2.O~ 3. ~@ -EA- CONCRETE & STONE HEADWALLS 1,9OO.OO 5,700. 1.~3 i.~O -EA- CONC+STONE HEADWALL w\21" STUB 2,500.00 2,500.00 1.OO !.Of! -EA- CONC+STONE HEADWALL w124" STUB 2,550.00 2,550.OO 1.OO ~.O~ -EA- CONC~STONE HE?DWALL w\48" STUB 3,850.00 3,850.00 TOT.~L STOP2[ SEWIiR 43,297.90 1. O~ i .'~'-' -LS- PERFS'~LANCE & PAiqSNT BONE' 5,309. ~@ _=. 309. m,~T~ W~UR SEWER & STOPd4 SE~R 1~3,50$'60 PHASE I ~ 1 ~ 6~ TOTA~ P~ASE I-A & I .... ~=' TOT.~ JOB TO DATE ,=3,122.6~ ~SS ~% ~TAINAGE ~'~ TQT.~ ~fOU~ DUE 223,122.6~ LESS ~JIOUNT PREVIOUSLY PAID 172,87~.74 ~S$ ~J4OUNT DUE FROH PREVIOUS BI~ING 2~,334.6~ .n~'~O~T DUE THIS ESTI}'~TE 2~.917.26 cc: D321 DOI'~'Y 2 ASSOC. ~ r =~.~.~,.. ~ SUITE DOdson-Bateman ' 8350 Me-,~ow Road · Suite 181 ,, Dallas, Texas 75231 & Company Bond No. '30.~ z2'34 ~ KNOW ALL MEN BY THESE PRESENTS, That we, Reb c o n, I n c. (hereinafter called the "Principal") as Principal, and the l_on±al American Casualty and Surety Company, of the C±ty of Balt±moreacorporationduly organized under the laws of the State of Ha r y I a n ~Ind duly licensed to transact business in the State of T ex a s (hereinafter called the "Surety"), as Surety are held and firmly bound unto City of Coppell, Tex~s Ten Thousand, Four Hundred (hereinafter called the "Obligee"), in the sum of Tw e n t y - T w o a n d 90 / 100 ($ 10,422.90 ) for the payment of which are well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and sealed this. 17 t h day of Au g us t 19 92 THE CONDITION OF THIS OBLIGATION is such, that Standard Pacific of Texas, L.P. WHEREAS, the said Pr|ncipa~ has heretofore entered into a contract with ~~dated Ap r i 1 2, 19 92 ,for Box Culvert Improvements for Waterside Estates No. 2, Phase I WHEREAS, the obligee 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 o n e years from date of completion and accept- ance, normal wear and tear excepted. NOW THEREFORE, if the said Principal shall indemnify and save harmless the obligee against loss or damage occasioned direclly by tile failure of said materials 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 eruption or any similar disturbance of nature, nor military, naval or usurped power, insurrection, riot or civil commotion, nor any act of God. It is further understood and agreed that the total liability of the surety under this bond shall in no event exceed the sumof Ten Thousand, Four Hundred Twenty-Two and 90/100 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 corporation, other than the obligee herein named. Rebcon, Inc. Colonial American Casualty and Surety Principal Surety C o m p a n y By: /~~// By: ' .~_~_~--~.~%_ ~//~.~ E_ ' JZo/~M~-J- ("_. -< r~ ~,e'~'7 Elno ra Cruthi s Attorney-in-Fact Comparfles HOME OFFICES: BALTIMORE. MD. 21203 POWER OF ATTORNEY KNOW Al.t_ MEN BY THESE PRESENTS. That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN C-xst mi l'Y .xxD S/:RICTY COMPANY. corporations of the State of Maryland, by C. M. PECOT, JR., Vice-President, and C. W. ROBB Ibis . Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By-kaa. s of said Companies. which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on Thc date hereof, do hereby nominate, constitute and appoint Derrell C. Dodson, Sam J. Mullis, Jr., Fred C. Wald, Jr., W. H. Bateman, IV and Elnora Cruthis, all of Dallas, Texas, EACH ........................ ,~ ........ ~ ......................... the true and lawful agent and Am)rney-in-Fact of each, to make, ex~ seal and ~K'.q:l:, for, and on its behalf as surety, and as its act and deed: any and all bonds and undert~h'~"~s...E~ bonds on behalf of Independent Executors, Community Surviv~X~ Co~y Guardians ....... . And the execution of such bonds or undertakings in oursuanc, a~.i~ese ~reo~.,~-~'~'x%x~-- ~- .... - ...... r <k-%'"',,y'~ t~ %.n.,%_-Symx tn: as olnalng upon sato Lompantes, as tully and amply, to all intents and purposes, as if they had be~ execute~.,.~cknowledged by the regularly elected officers of the respect,ye Companies at their offices in Baltimorev.x~x'?-4~ their o..~Kq~per persons. This power of attorney revokes t!9~sued 6~ehalf of Derrell C. Dodson, etal., dated, February 25, 1991. c~(~ IN WITNESS WHEREOF the said Vice Pr ~ ' - esid.,K~,~fi~ Assista,nlx~'efetaries have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY A.,~D'~)SIT Co~ OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY CO~P^NV this .................. _l_$__t__~&x~.<x,~ ............. &O,q%"~_"~_day of ............ _,l_an.u. arT_ .............................. A.D. 199_2 ATTEST ~--)"DE ~[~>~NDoE ' ' - -- ..... ..................................... ............. AMVmCAN C*SU*LTY S).JRETY MVANY ............ ............................. - ............ STATE OF MARYLAND CITY OF BALTIMORE [ SS: On this I St day of January . A.D. 19 92, before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice-Presidents and Assistant Secretaries 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 ' ' - · preceding instrument are the Corporate Seals of said Compames, 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. O ...... -~ ..............-~.~ s~t~g'--~-~blT~cCA.RO~---~-.---p-~-~-I My commission expires ......... ........... CERTIFICATE t, 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 Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-Presidents who executed the said Power of Attorney were Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided m 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 TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 17th d ~' August ,~ 92 68-0 ] 84 ay ........................................................ ~_~~,,, ___ Maintenance Bond Bond No. 464 41 77 Tiseo Paving CompanS KNOW ALL MEN BY THESE P~ESENTS, That we P.O. Box 270040, Dallas, TX 75227-0040 as Principal, and Hartford Fire Insurance Company, a Surety Corporation organized under the laws of the State of Connecticut and duly authorized to do business in the State o{ Texas , as Surety, are held and firmly bound unto Standard Pacific of Texas, L.P., 5525 MacArthur Blvd., Ste. 580, Irvinq, TX 75238 as Obli~ee. inthe_~en_als_um_oflS_/100____._____ Twenty-two Thousand Four Hundred Forts-three and ($ 22,443.15 .... ) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. Sealed with our seals and dated the 18th day of August in the year one thousand nine hundred and N i ne tS- two (19 92 ). WHEREA~ the said Principal entered into a contract with the Standard Paci fi c of lexas, L.V. dated for Paving Improvements for Waterside Estates No. 2 Phase I, City of Coppell, Dallas County, Texas WHEREAS, s~4 contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one~l) year(s) 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, and WHEREAS, the said contract has been completed, and was approved on NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Prin- cipal 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 period of ~ (1) year from and after date of final acceptance then this obligation shall be void, otherwise to remain in full force and effect. IN WITNESS WHEREOF the said Principal and Surety have caused these presents to be signed and their seals to be hereunto affixed the day and year first above written. Witness: TISEO PAVING COMPANY Arthur Tiseo, President PRINCIPAL Denise A. Madden, hn ,RTFORD FIRE INSURANCt ;OMPANY POWER OF ATTORNEY Know all men by these Presents, That the HARTFORD FIRE INSURANCE COMPANY, a coq)oration duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint RICHARD D. FERGUSON, D. A, VALENTI, STEPHEN Eo SCHURR, DENISK A...MADDEN, ROBERT TROBEC, CHRISTINE D. CORBITT and NANCY FLYNN of TROY, MICHIGAN its true and lawful Attomey(s)-in-Fact, with full power and authority to each of said Attomey(s)-in-Fact, in their separate capacity if mere than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, and to bind the HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attomey(s)-in-Fact may do in pursuance hereof. This power of attomey is granted by and under authority of the following provisions: (1) By-Laws adopted by the Stockholders of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 9th day of March, 1971. ~ on~ o~ exacuflng and a~ bonds and undmtaldngs and oltt~- w~dngs obl~3e/m b~e nature ltte~, ~ ~ ~ R~m ~- Pre~, Resideat A~ Secteta~ss and At~~ anti at any time to remove any such Resident Vk~-.Presk:le~, Reside~ Assistant Secretary, or SECTION 11. AttomeysqrwFact shadl ha~e powe~ and autO, execute and delivm' on behalf of ttm Com~a~/and to attach lyre seal of the Company thereto any and all bonds and urns, and other writings (2) Excerpt from the Minutes of a meeting of the Board of Directors of the HARTFORD FIRE INSURANCE COMPANY duly called and held on the 12th day of October, 1990. RESC~VED: Robert N. H. Semen..~.esistant Vk:e-Pmside~ and Laura A. Shanahan, Assistant Vide-PmsideflL shall eac~ have, as long as each holds such office, the same powe~r as any V'~:e-Pmsident under SeclJons 6, 7 and 8 of Ar'dele IV of the By-Laws of the Company, namely: to appoint by a Power of Attorney, fch' pulllX3ses onty of executJllg and arraying bonds alld ulx:leftakJngs and other' writJm3s oi0#gato~/in the nature ~, o~'le or more res~ent This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Directors of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 12th day of October, 1990. RESOCVED, that the signatures of such Offioem and the seal of Ihe Compony may be affixed to any sucll power' of attorney or to any certificate retat~3 ttter~o by fassimi~, and any ~ ~ of a~ o~ ce~ificate beanng suc~l facsimile signatures ~' facsimile seal shall be valid and binding ~0~ the Company and any such powe~ so executed and ce~fled by facsimile signatures and facsimile soal shall be valid and Ending upon the Company In Witness Whereof, the HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice-President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 1st day of May, 1991. HARTFORD FIRE INSURANCE COMPANY Attest: STATE OF CONNECTICUT) Assista~ Vice-Pres~ent COUNTY OF HARTFORD t ss. On this 1st day of May, A.D. 1991, before me personally came Robert N. H. Sener,. to me known, who being by me duly sworn, did depose and say: that he rasldes in the County of Hartford, State of Connecticut; that he is the Assistant Vice-President of the HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above instrument;, that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporabon and that he signed his name COUNT~ OF HARTFORD - CERTIRCATE I, the undersigned, Assistant Secretary of the HARTFORD FIRE INSURANCECOMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF A'I-rORNEY remains in full force and has not been revoked; and furthermore, that the Resolutions of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed at the City of Ha~erd. Dated the 18th dayof AU§USt 19 Da~:l A. Johnson // Fo~m S..a507-6 (HI=) Printed in U.S.A. BOND No. 464 41 77 Performance Bond (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY ~,~ WITH PAYMENT BOND ON PAGE 2, IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL,) THE HARTFORD Know _All Men By These Presents: _ Thn! Tiseo PavLng Conloany, P O Box 270040 Dallas Texas 75227 ................................................ · . · , , -0040 (,~;;g'ig~',;;,' ;N&'NA;~;; 'g~'ci' ;'ci~;;,';;: %;' i&~gi 'iiil~: '(~i 'i~;' '~;~i;'~'t~'ri .................................................. as Principal, hereinafter called Contractor, and ,he.....H...a~...t..f..°...r..d....F..i...r..e....I..n..s....u~....a:~....c?...~..a~....y. ................ , a corporalion organized and existing under the laws of the State of .... .C...o.~.c....t~.'...cD...t. ........................... its principal office in the City of Hartford, Connecticut . ,,, ,, ~ - ............... ~.; .... ., .... .~...~: ..... ...;: ........ - .............................. as Surety, hereinafter ,,oiled surety, are held and firmly bound unto ..... ~..~9...r..ct....~acx]:xc o~: Texas¢ L. P, 5525 MacArthu_r Boulevard/. Suite 5~5~'"~.~'{~;"'~'~,~,~";~§'~'~ ........................................................ ................................................... i";'ii4;;;; 'i;;~;'~'i~;'~;;~;;' ;g~' '~'~;;;,;.' ';r i;~;;l' ~;,i;i';;l' ii;;' 5:,;;,;;) ........................................................ as Obligee, hereinafter called Owner, in the amount of Two Hundred Twenty-Four Thousand Four ...... ~..u..~.~..~.d Thirty.-One and 50/..100 ................................................................................................................. Dollars ( $. . . .2. .2. . .4. . ,. .4. . .3. .1. . ... ~..0..T....T .), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Whereas, Contractor has by written ag~eaevmie]nt dated .............................................................................................. entered into a contract wth Owner for ..... 'ncj Impr6vements for Waterside Estates No. 2, Phase I, City. of C.o.p.p. el'¥'i "]~'l'i'~'~ '~']~%'~.'~'"'~;~'~ .............................................. i ............. in accordance with drawings and specifications prepared by .... 16250 Dallas Parkway, Suite · 100, Dallas, Texas 752(~ insert tull name. lille and address) which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. Now, Therefore, the condition of this obligation is such that, if Contractor shall promptly and faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the CONTRACT in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a success- ion of defaults under the contract or contracts of Completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which th~ Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner Io Contractor. Any suit under this bond must be instituted before the expiration of lwo (2) years from the date on which final payment under the CONTRACT falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than lhe Owner named herein or Ihe heirs, executors, administrators or successors of the Owner. Signed and sealed this 28th day of April A.D. 1992 PRINCIPAL (Corporate Seal) Witness (1! Individual/Partnership) tName TIS]DO PAVING COMPANY Attest (1~ Corporation) Signature By: '"~"~ Typed Name and Title SURETY (Corporate Seal) Attesl Name HARTFORD FIRE INSURANCE COMPANY ~~.~~~ Signa~'~ . Typed Name Denise A. Madden, Altorney-in-fact DISCLOSURE OF GUARANTY FUr, J{') NONPARTIClPATION ':','?~ evan~ the Insurer (Surety) is ur, able to fulfill its contrac- ~u~ ':;'q;gation under th!s ~.~olicy of co~tract or application or :e~;~;",,~ate or evidence of coverage, ~'le policyholder or cs~,i~icateholder is not protected by an Insurance guaranty ~und or (Xher solvency protection arrangement. Form S-3213-5 Page 1. Prinled In U.S.A. Bond No. 464 41 77 TEXAS STATUTORY PAYMENT BOND (PROPERTY CODE - PRIVATE WORK) KNOW ALL MEN BY THESE PRESENTS: THAT, Tiseo Pavinq Company , Original Contractor (hereinafter called the Principal) as principal and Hartford Fire Insurance Company, a corporation organized and existing under the laws of the State of Connecticut, licensed to do business in the State of Texas and admitted to write bonds, as surety, with its principal office in the City of Hartford, Connecticut (hereinafter called the Surety), are held and firmly bound unto Standard Pacific of Texas, L. P., 5525 MacArthur Blvd., Ste 580, ±tYing, '1~ ~b238 (hereinafter called the Owner), in the amount of Two Hundred Twenty- Four Thousand Four Hundred Thirty-One and 50/100- Dollars(S. 224,.431.50---) for the payment whereof the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, Jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of 19 ,for Paving Improvements for Waterside Estates #2~ Phase I Citv of Coppell, Dallas County, Texas which contract is hereby referred to and made a part hereof as fully and to the same extent as if copies at length herein, NOW THEREFORE, THE CONDITION OF THIS OBLIGATIONS IS SUCH THAT if the said Principal shall promptly pay claimants for all labor, subcontracts, materials and specially fabricated materials performed or furnished under or by virtue of said contract and duly authorized normal and usual extras thereto (not to exceed 15% of said contract price), then this obligation shall be null and void, otherwise to remain in full force and effect; labor, subcontracts, materials and specially fabricated materials shall be construed in accordance with Sec. 53.001 of the Texas Property Code; PROVIDED, HOWEVER, that the Owner having required the said Principal to furnish this bond in order to comply with the provisions of Sections 52.201 et seq. of the Texas Property Code, all rights and remedies under this bond shall insure solely to such claimants and shall be determined in accordance with the provisions, conditions and limitations of said Property Code to the same extent as if they were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 28thday of April , 19 92 . The foregoing bond is hereby approved. STANDARD PACIFIC OF TEXAS, '.L~--~.. TIS~O PAVING COMPANY Owner Principal 5525 MacArthur Blvd, Suite 5~0 Irving, Texas 75238 HARTFORD FIRE INSURANCE COMPANY Address Date Surety DISCLOSUPE Of: GUARANTY FUND NO~'?ARTICIPATION tr ".~'~ event the Insurer (Surety) is un:i? ':3 to fulfill its contrac- Denise A. Madden, ¢..;.~:.~.a~e or e¥idence of covefa§3, the policyholder o¢ Attorney-In-Fact cenbicateholder is not protected by an Insurance guaraJ~¢ h,md or other soNeacy protection arrangement, ap HARTFORD FIRE INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY Know ell men by these Presents, That the HARTFORD FIRE INSURANCE COMPANY. a corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Humeral, State of Connecticut, does hereby make, constitute and appoint RICHARD D. FERGUSON, D. A. VALENTI. STEPHEN E. SCHURR, DENISE A. MADDEN and ROBERT TROBEC of TROY, MICHIGAN its true and lawful Attorney(s)-in-Fact with full power and authority to each of said Attomey(s)-in-Fact, in their separate capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the pedormance of contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, and to bind the HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This power of attorney is granted by and under authority of the following provisions: (1) By-Laws adopted by the Stockholders of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 9th day of March, 1971. ARTICLE IV SECTION 8. The President or any Vice-President acting with any Secretary or Assistant Secrets shall h purposes only of executing and altest nn bonds and und2~-~-~ ..... ~ -,~_. ... ..... ry. ave ~ower and authorib/to aDpo nt. for Altomey-in. Fact. and revoke Ihs power and authority given to him. . ce President Resident Assistant Secretary. or SECTION 11. Attorneys-in-Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them Id execute a~J dalE, er on behalf of the Company and fo attach the sea~ of the Company thereto any and all bonds and undertakings and other wr~hr~ s ~nl~,a~o~,,,.,n thee nature t. hereof, and any such instrument executed by any such Attoma~,-in. Fact sh-l, ................ ' · g ...... u[iVe !Jl~'lcar aria sealed and attested by one other of such Officers ~ o ~ o~ ~.,.~.,g upon [ne '~ompany as if signed by (2) Excerpt from the Minutes of a meeting of the Board of Directors of the HARTFORD FIRE INSURANCE COMPANY duly called and held on the 11th day of June, 1976: RESOLVED: Robert N. H. Saner, Assistant Vice-President, shall have, as long es he holds such office, the same power as any Vice-President under Sections 6, 7 and 8 of Article IV of the By-Laws of the Company. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Directors of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 6th day of August, 1976. Now, therefore, the signatures of such Officers and the seal of the Company may be affixed to any such power of a~orney or to any certificate relating thereto by facsimile, and any such power of atlomey or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon Ihs Company and any such power so executed and certified by facsimile signalures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is artached. In Witness Whereof, the HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice-President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 22nd day of August 1990. Attest: HARTFORD FIRE INSURANCE COMPANY Richard R. Hermenson Secretary STATE OF CONNECTICUT Robert N. H. Saner COUNTY OF HARTFORD I ss. Assistant Vice-President On this 22nd day of August, A.D. 1990, before me personally came Robert N. H. Sener, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice-President of the HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument 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. COUNTY OF HARTFORD Jean H. Wozniak Noteq/ Public My Commission Expires March 31, 1994 CERTIFICATE I, the undersigned, Assistant Secretary of the HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, DO.HEREBY CERTIFY that the foregoing and attached POWER OF A3-1'ORNEY remains in full force and has not been revoked: and furthermore, that the Resolut!o~$ of the Board of Di~ctor~ set forth in the Pow? of Attorney. are now in force. Signed and sealed at the City of Hartford. Dated the 28th clay or April 19 92 Form S-3507-5 (HF~ r:r,n:ec ~ U S 4