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Freeport NIP(7.3)-CS020301 T H E C I T Y O F C-OPP-EI)L March 1, 2002 Jeff Langston Duke-Weeks Realty 5495 Belt Line Rd., Suite 360 Dallas, TX 75240 RE: Freeport VII 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. Co'n~truction Inspector CC: 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. 46BCSBD6163 ' MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, Potter Concrete, Ltd., 4820 Gretna, Dallas, TX 75207 (hereinafter called the "Principal"), as Principal, and the Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut and duly licensed to transact business in the State of Texas (hereinafter called the Surety"), as Surety, are held and firmly bound unto the City of Coppell, Texas (hereinafter called the "Obligee"), in the sum of Two Thousand Four Hundred and no/100 Dollars ($2,400.00) 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 29th day of August, 2001. THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the said Principal has heretofore entered into a contract with Raymond Construction dated February 26, 2001 for an approach at Freeport VII Building, 611 S. Royal Lane, Coppell, TX. 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 two (2) years from date of completion and acceptance, normal wear and tear excepted. NOW THEREFORE, if the said Principal shall indemnity and save harmless the Obligee against loss or damage occasioned directly by the 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 sum of Two Thousand Four Hundred and no/100 Dollars ($2,400.00). No right of action shall occur 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/~n~ HARTFORD FIRE INSURANCE COMPANY ~}chele Degnon, ~ttorr~9-in-Fact POWER OF ATTORNEY Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company THE HARTFORD HARTFORD PLAZA HARTFORD, CONNECTICUT 06115 Twin City Fire Insurance Compaey Hartford Insurance Company of Illinois Hartford Insurance Company of the Midwest Hartford Insurance Company of the Southeast KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company, Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of ,,DollarAmt_or_UNLIMITED*~: TjNLIMI?ED: DENNIS DOWD, JOHN D. FULKERSON, KAE GIBBONS, BILL HENRY, DOYLE HIX, TOM P. ELLIS, III, DONNIE D. DOAN, MICHELE DEGNON, TP~ACY L. GINGRAS, MICHELE MARIE MARIANO, JAMES MICHAEL RUTLEDGE OF DALLAS, TEXAS their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(les) only as delineated above by [~, and to execute, seal and acknowledge any and all bonds, undertakings, contracts end other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Paul A. Bergenholtz, Assistant Secretary John P. Hyland, Assistant Vice President Hartford On this 19th day of September, 2000, before me personally came John P. Hyland, 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 Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Jean H. W ozniak Notary Public My Commission Expires June 30, 2004 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of August 2 9, 2 0 0 [ Signed and sealed at the City of Hartford. eeeeeeee Colleen Mastroianni, Assistant Vice President I-LMI T I.'ORD Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Twin City Insurance Company Hartford Insurance Company of Illinois Hartford insurance Company of the Midwest Hartford Insurance Company of the Southeast Please address inquiries regarding claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number : Fax - Underwriting : Fax - Claims E-mail 888-266-3488 860-547-6672 860-547-8265 or2092 claims@lstepsurety.com Mailing Address The Hartford The Hartford Fidelity & Bonding (BOND) Hartford Plaza 690 Asylum Avenue Hartford. CT 06115 I.C.W. GROUP [~INSURANCE COMPANY OF THE WEST [~EXPLORER INSURANCE COMPANY [~INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 EL CAMINO REAL * SAN DIEGO, CA 92130-2045 P.O. BOX 85563, SAN DIEGO, CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 MAINTENANCE BOND BOND NO. 184 12 57 KNOW ALL MEN BY THESE PRESENTS, That we, PATCO UTILITIES~ INC., 1617 W. Pioneer Pkwy.. Grand Prairie. TX 75051. as Principal, and INSURANCE COMPANY OF THE WEST, a Corporation organized under the laws of the State of California and duly authorized to do business in the State of Texas, as Surety, are held and firmly bound unto CITY OF COPPELL, P. O. Box 478. Coooell. TX 75019. as Obligee, in the penal sum of One Hundred Eiehteen Thousand. Five Hundred Fifty. Three and 93/100 ($**118.553.93'*), to which payment 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 said Principal has caused to be constructed: Water Line & Storm Drain Facilities to serve Freeport VII Building, 611 South Royal Lane, Coppell, TX. WHEREAS, said Obligee requires that the Principal furnish a bond conditioned to guarantee for the period of two (2) 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 project, and WHEREAS, the said contract has been completed, and was approved on the day of ,2oo~1. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Obligee for all loss that the Obilgee may sustain by reason of any defective materials or workmanship which become apparent during the period of two (2) year(s) from and after date of final acceptance, then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 26th day of September, 2001. PATCO UTII~IES. INC. ~Pringipal Douglas E. P~ers°n, President INSURANCE G~MPANY OF THE WEST Sheryl A.~Y~KI~tts, Attorney-in-Fact No. 0004738 1CW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of Califonua, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Compethes"), do hereby appoint JOHN A. MILLER, SR., JOHN A. MILLER, II, SHERYL A. KLUTr S AND I~ R. HARVEY theu- true and lawful Atmrney(s)-in-Faet with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. tX! WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. THE EXPLORER INSURANCE COMPANY John H. Craig, Assistant Secretmy INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hannum, Executive Vice President State of California County of San Diego ] SS. On Januapy 16, 2001, before me, Norms PoIter, Notary Public, personally appeared John L. Hatmum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by Witness my hand and official seal NORMA PORTER COMM. #1257540 NOTARY pUBUI] -G~,LIFORNIA RESOLUTIONS Norma Porter, Notary Public This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Seeretery or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those stgnatures; and the signatme and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affuied by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer lnsm-ance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, a/cd has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are nox~ieull force /1 .. ~.._ .4' 1NWITNESSWHEREOF, lhavesetmyhandthistZ~-- dayof ~~--~ ,~. John H. Craig, Assistant Secretary To vim~ the authenticity of this Power of Attomey you may call 1-800-877-1111 and ask for the Surety Division Please refer to the Power of AuomeyNumber, the above named individual(s) and details of the bond to winch the power is attached. For information or filing claims, please contact Surety Ciaires, ICW Group, 11455 E1 Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400.