Prestwick-CS011213December 13, 2001
FILE
David Carlton
Dowdey, Anderson & Associates
5225 Village Creek Drive, Suite 200
Plano, Texas 75093
RE: Prestwick
Final Acceptance
Dear Mr. Carlton:
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.
Sincerely,~ ~
Larry Davis
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
Bob Delsanter, BAV Development
PARKWAY ~ P.O.BOX 478 llr COPPIrLL TX 75019 ~r TEL 972/462 0022 lit FAX 972/304 3673
Fidelity and Deposit Company of Maryland
Home Office: P.O. Box 1227, Baltimore, MD 21203-1227
Colonial American Casualty and Surety Company
Bond No: MNT8591587
Maintenance Bond
KNOW ALL MEN BY THESE PRESENTS, that we Gilco contractin0, Inc.
hcreinaQer
called Principal, as Principal, and Colonial American Casualty & Surety Company
a corporation of the State of Maryland, Baltimore, Maryland, hereinafter called Surety, as Surety, arc held and firmly
bound unto City of Coppell, lexas
hereinal~er called Obligce in the sum of Forty-Three Thousand, Eight Hundred Ninety-One & 23/100 ...........
DOLLARS, lawful money of the United States of America, to be paid to the said Obligee, or its succe~sum or assigns, to
the payment of which sum well and a'uly to be made, we do bind ourselves, our heim, executors, adminis~ators,
successors and assigns, jointly and severally, firmly by these presents.
SIGNED, sealed and dated this day of
WHEREAS, the Principal entered into a contIact with BAV Development
for Prestwick Pavinq
May 25, 2001
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.
day of
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 two (2) years
from the date of completion and acceptajl)ce of the work performed under the contxact, caused by defective or inferior
thenl~his~l~g~tion
shall be void:/~ise it shall be and remain in full force mad effect.
- ., i/, x._,,--r- .
FY AND DEPOSIT COMPANY OF MARYLAND
~ Tamara E. Murray ~,~ornny-~_n-Fact
CON80OIOZZ0601c
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
HOME OFFICES: P.O. BOX 1227, BALTIMORE, MD 21203-1227
Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, corporations of the State of Ma~,land, by W. B. WALBRECHER. Vice-Presidem, and T. E, SMITH, Assistant
Secreta~, in pursuance of authority granted by Article VI. Section 2, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are
hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Charles D. Sweeney, Bobby E. Mayo,
Tamara E. Murray and Kyle W. Sweeney, all of Forth Worth, Texas, EACH its true and lawful agent and Artomey-in-Fact. to make,
execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings EXCEPT bonds on behalf
of Independent Executors, Community Survivors and Commumit~
shall be as binding upon said Companies, as fully and amply, to all intents and
elected officers of the respective Companies at their offices in Baltimore
of Charles D. Sweeney, etal, dated July 24. 1997.
The said Assistant Secretary does hereby certify that the extract set 1
By-Laws of said Companies, and is now in force.
IN WITNESS WHEREOF,
FIDELITY AND DEPOSIT COMPANY OF
February, A.D. 1998.
executed and acknowledged by the regularly
revokes that issued on behalf
a tree copy of Article VI, Section 2, of the respective
ames and affixed the Corporate Seals of the said
SURETY COMPANY, this Ilth day of
ATTEST: FIDELITY ANI
Smith
W. R Walbrecher Vice-President
COMPANY
I~ B. Walbrecher Vice-President
~J 7~ E. Smith
State of Maryland }ss:
County of Baltimore
On this I lth day of Febraary, A.D. 1998, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B.
WALBRECHER, Vice-President and T. E. SMITH, 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 in 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 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.
O Carol,~ F~F // Notary Public
My'Comn~sion Expires: August 1, 2000
CERTIFICATE
1, the undersigned. Assistant SecretalDt 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 thc foregoing is a full, true and correct copy, is in full force and
effect on the dat~ of this certificate; and 1 do further certi~ that the Vice-President who executed thc 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 Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on thc 10th day of May, 1990 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 May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any
Vice-President, Secretary, or Assistant Secretary oftbe Company, whether made heretofore or herea~er, wherever appearing upon a certified copy of any power
of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect es though manually affixed."
IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seals of the said Companies, this
day of
dssistant Secretary
LI42g-16g-2682
EARNING YOUR TRUST
UNITED STATES FIRE INSURANCE COMPANY
MAINTENANCEBOND
Bond Number: 6102297531
KNOW ALL MEN BY THESE PRESENTS, that we H & W Utility Contractors
as Principal, (the "Principal") and UNITED STATES FIRE INSURANCE COMPANY, a company duly
organized under the laws of the State of New York, as Surety, (the "Surety") are held and firmly bound unto
City of CoppelI, P.O. Box 478, Coppell, Texas 75019-0478 as Obligee (the "Obligee"), in the penal sum of
Sixty Five Thousand Six Hundred Thirty Five and 90/100 Dollars ($65,635.90), for the payment of which sum
well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a contract (the "Contract") with B.A.V. Development Ltd., I for
Utility Work for Prestwick MacArthur ~ Deforest, CoppelL Texas which contract is by reference made a part
hereof and which among other things calls for certain public improvements which inure to the benefit of the
Obligee.
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall remedy without cost to
the Obligee any defect which may develop during a period of two years from the date of completion and
acceptance of the work performed under the Contract provided such defects are caused by defective or inferior
materials and workmanship, then this obligation shall be null and void; otherwise it shall be and remain in full
force and effect.
PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT, that any claims must be
writing to UNITED STATES FIRE INSURANCE COMPANY to the attention of Crum &
Company, Claim Department, 305 Madison Avenue, Morristown, NJ 07960. ~.-"
DATED th~s' l 9th day of November, 2001. ~':, ~.:.
"'"-
H & W Utility Contractors % '" ............. ~"~at)
Principal "%.,%. LA~' "
Michael S. Haynes, President~
Witness/Attest:
UNITED STATES FIRE INSURANCE COMPANY
By:
Cherylq~. Br~aski, Attorney-in-Fact
POWER OF ATTORNEY
UNITED STATES FIRE INSURANCE COMPANY
PRINCIPAL OFFICE, NEW YORK, N.Y.
153061
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 Curtis B. Roberts, Cheryl A.
Brodaski, Cheryl C. Freshour, and Morris G. Culberson, of Dallas, Texas, each
its tree and lawful Agent(s) and Attomey(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 ............................................
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 Moms 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 attomey(s)-in-fact named above.
1N 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 24th day of A~ril, 2001.
~lN
STATE OF NEW JERSEY)
Attest:
Assistant Secretary
Herbert H. Linder
COUNTY OF MORRIS )
SS.:
UNITED STATES FIRE INSURANCE COMPANY
Vice President
Craig M. Golden
On this 24t._~h day of April, 2001, 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 set my hand and affixed my seal at the Township of Morris, the day and
year first above written.
(Signed)
(Seal)
Notary Public
Catherine A
Notar~ Public et'New
My Commission Expires July
This Power of Attorney is granted pursuant to Article IV of the By-Laws of the UNITED STATES FIRE INSURANCE
COMPANY as now in full fome and effect.
ARTICLE IV Execution of Instruments. "The Chairman of the Board, Vice-Chairman of the Board, President, or any
Vice-President, in conjunction with the Secretary, or any Secretary, if more than one shall be appointed by the Board, or
an Assistant Secretary, shall have power on behalf of the Corporation:
(a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts,
obligations, instruments and documents whatsoever in connection with its business including, without limiting the
foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of
attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements;
(b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding
paragraph (a), including affixing the seal of the Corporation."
This Power of Attorney is signed and sealed under and by the authority of Article III, Section 9 of the By-Laws of the
UNITED STATES FIRE INSURANCE COMPANY as now in full force and effect.
ARTICLE nI Section 9 Facsimile Signatures. "The signature of any officer authorized by the Corporation to sign any
bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney
and policies of insurance issued by the Corporation may be printed facsimile, lithographed, or otherwise produced...
The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who
shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at
the time when such instruments shall be issued."
CERTIFICATE
State of New Jersey
County of Morris
I, the undersigned, Assistant Secretary of UNITED STATES FIRE INSURANCE COMPANY, DO HEREBY CERTIFY
that the foregoing POWER OF ATTORNEY remains in full force and effect and has not been revoked and furthermore
that the above quoted abstracts of Article IV and Article III, Section 9 of the By-Laws of the Corporation are now in full
fome and effect.
In Testimony Whereof, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this
19r_hday of blovember ~ 2001.
Assistant Secretary
Herbert H. Linder