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Freeport NIP(7.6)-CS020213T H [ C ! T Y 0 F February 13, 2002 Jeff Langston Duke-Weeks Realty 5495 Belt Line Rd., Suite 360 Dallas, TX 75240 Freeport Parkway Extension Final Acceptance Dear Jeff: 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. Constructior Inspector CCi Ken Griffin, Director of Engineering Rhonda Brothers, Engineering Secretary Glenn Hollowell, Director of Public Works Greg Jones, Chief Building Official Travis Crump, Fire Marshal Bond No. 08606560 FIDELIT' - ND EPOSIT COMPANY {J,' MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICES B ',LT[MORE ~,ID 21203 Maintenance Bond McMahon Contracting Inc. KNOW ~,LL MEN BY THESE PRESENTS. that x~e ........................................................ her~inatter .................................................. e-~-jj;¢-.~-~--~a-~:l-~-a~-~.-~'~r:c-3;---/~-~x;;~~ Company and called Princmai. as Pmncipal. ana.~?.~.i~.d..e..~.~.t:~y.~-a-~-n--d--D--e..p-~-s~-t--G-~-m--~a-~-~-~a~and - a col'Doratlon o! t~e State hi Map,'iana. Baltimore. Maryland. heremaKer called Surety. as Sure~. are held ami firmly bound unto.___City of _C_O. Epel_.l_' heretnatter called Ob[ieee tn the sum ot Two Million, Four Hundred Twenty Four Thousand, Three H_u..n._d..r.e.,.d...Sixty Three and 68/100 ....................... ($2,424,363.68 ) DOLLARS. lawful money ot the United States ot America. to t~e pm~, to thc smd Obligce. or ~ts successors or assigns, to ~e paymcm ,_,r wnlch sum wcil a~m trmv to 0c made. ~ e ad tuna ourselves, our he,rs, executors, actrmnistrators, successors and a~signs. omtiy and severally. Iirmty hy these presents. 12th December .7~.~2 0.01 SIGNED. ,,ea~ed and c[atea this ................................. ~y Of WHEREAS. the Principal entered into a contract with City of Coppell for Freeport Parkway.. Road Addition WHEREAS. the Obligee restores that these 0resents be executed on or before the tinal completion and acceptance of -als conwact and WHEREAS. ~aid contract was c~mmetea and accepted on the ........ .2_0_t_h. ........... day of._Novell~_.e.r NOW. THEREFORE. THE CONDITION OF THIS OBLIGATION IS SUCH. that if the Principal shall remedy, without cost to ihe Obligee. any detects winch max' develop during a period of ......... _o.n_e._=fear from tt~e date ot comDlceon and acccvmnce of the work performed uncter the contract, caused by defective or inferior materials or workmansnth, then tins ooiigauon shall be xmd: otherwme ~t shall be and remain in tull force ami effect. McMa~ho~t ract ing~ Inc.~ / Principal X' FIDELITY &ND DEPOSIT COMPANY OF MARYLAND ~ COLONIAL AMERICAN CASUALTY AND SUR~-I'Y COMPANy Robbi Morales, Attorney-±n-fact Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICES: 3910 KESWlCK ROAD, BALTIMORE, MD 21211 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 Maryland, by M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Companies, which are set fi full force and effect on the date hereo£ does hereby nomi~ Robbi MORALES, Lisa M. BONNOT, lawful agent and Attorney-in-Fact, to make, execute, s. any and all bonds and undertaking Community Guardians and the execution upon said Companies, as fully and amply, to all the regularly elected officers of the Corn office attorney revokes that is BALL, Kathleen DAY, The said Assistant Secretary does that Section 2, of the £ and is t IN WITNESS WHEREOF affixed the Corporate Seals AMERICAN CASUALTY AND SURETY on the ~heila i deliver side hereof and are hereby certified to be in ~ P. ROSE, Don E. CORNELL, all of Dallas, Texas, EACH its true and its behalf as surety, and as its act and deed: Executors, Community Survivors and of these presents, shall be as binding ' had been duly executed and acknowledged by Md., in their own proper persons. This power of CORNELL, Robbi MORALES, Lisa M. BONNOI, Carla J. and Sheila YOUNG, dated May 30, 2000. the reverse side hereof is a ttue copy of Article VI, and Assistant Secretary have hereunto subscribed their names and AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL this 1 lth day of April, A.D. 2001. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY L. L. Goucher Assistant Secretary 3~ P. Hammond Vice President State of Maryland }ss: County of Baltimore On this 1 lth day of April, A.D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and L. L. GOUCHER, 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 is 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 Carol ~ Fader Notary Public My Commission Expires: August I, 2004 written. POA-F 168-0589 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, 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-President who executed the 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 the 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 of the Company, whether made heretofore or hereafter, 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 as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 12th dayof December 2001 Assistant Secretary