Freeport NIP(2.2)-CS020429T H E · C: I T Y · O F
COP?ELL
April 29, 2002
Eric Bums
Pacific Builders, Inc.
3360 Wiley Post Rd., Suite 100
Carrollton, TX 75006
RE: Freeport North, Lot 2R (TNA North America)
Final Acceptance
Dear Mr. Bums:
A final inspection of paving and utilities for the referenced project has been confu~xed 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.
CC:
Ken Griffin, P.E., Director of Engineering & Public Works
Rhonda Brothers, Engineering Secretary
Glenn Hollowell, Asst. Director of Public Works
Greg Jones, Chief Building Official
Travis Crump, Fire Marshal
MAINTENANCE BOND
Bond NO. MNT8570594
KNOW ALL MEN BY THESE PRESENTS, That we, Pacific Builders~ Incu 3360 Wiley Post Road, Suite 100,
Carmllton, TX 75006
(hereinafter celled the 'Principal') as Principal, and the
Fidelity and Deposit Company fo Maryland
, a corporation duly
organized underthe laws of the State of Man/land
and duly licensed to transact business in the
State of Texas
(hereinafter celled the 'Surety'), as Surety are held and firmly bound unto
the, City of Coppell, 255 Parkway Blvd., Coppell, Texas 75019
(hereinafter called the 'Obligee'), in the
sum of One Hundred Four Thousand, Five Hundred and no/100 .......................... Dollars
($ 104,500.00 ) 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 26th day of , December ,20,,0,!
THE CONDITION OF THIS OBLIGATION is such, that WHEREAS, the said Principal has heretofore
entered into a contract with
June 1, 2001 , for
TNA North America~ Inc.
Sales Office and Warehouse Facility, Royal Lane, Coppell, Texas
[Jtiltieg and P~aving
dated
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 indemnify 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
eruplk)n or any similar disturbance of nature, nor military, naval or usuq3ed 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 One Hundred Four Thgusand, Five Hundred and nollO0 ............... Dollars.
No dght 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,
Pacific Builders, Inc.
Principal
,F!delity and Deposit Company of Maryland
Surety
, f"~i
Patricia Bartlett Attorney-in-Fact
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
HOME OFFICES: 3910 KESWICK ROAD, BALTIMORE, MD 21211
KNO\\ .ALL MEN BYTIIESE PR}SENTS: That the FIDEI.ITY AND DEPOSIT COMPANY OF MARYLAND. and the
C-fYI ONIA[ XMERICAN CASUAl TY AND S[JRETY COMPANY, co~t~zations of the State of Mau'land. by PAUL C.
R(~iERS Vice President and I G HAMILTON. Assistant Secretau'. in pursuance nf authori~ granted by Auicle V1.
~ec[~on 2. of the B?Lax~s of said Compames. k~hich are set J~h on the re~29(s~ side hereof and are hereby ce~ified to be in
*u][ torcc md el-t~ct on the date hcreol does hereby nomma~x~mst~tute a~d~oint Derrell C. Dodson. Sam J. Mullis.
EIn~wa Cruthis. Dee Stone, R. Don Hursl, Darrin J~er, Pat(~.~artlett and Connie Wofford. all of Dallas,
Texas. EACH its wue and lax~i~l a~ent and AUomex(-~.~t. to m~-~ecute, seal and deliver, fbr, and on its behalf as
<~e=x and a~ ~ts act and deed: an~ and all bo~¢~d nnd~3~%gs EXCEPT bonds on behalf of Independent
Exec tots (ommunitv S~rMsors and Comm~7 Guardi~:~d thc execution of such bonds or unden~ings in
oursuance of these presents, shall be as binding.'smd (om~mes, as tu]l~ and ampS. to all ~ntents and pu~oses, as
thex had ,ee du ~ executed and ackno~Med~eg~v the re~u~ tqected ofhters of the Compan~ at ~ts office m Balnmore,
Md in their o~ n proper persons. Th~s po~k~ a~ome~ ff~kcs flint tssued on behalf of De.ell C. Dodson, Sam J Molbs,
~r t. nor~ ('ruthis Dee Stone. R Don ~*Darrin l'W~ber. Karen Fancier. and Patricia BartleS, dated September 28.
said Assismt SecreIz~ does hm~ ~¢nig ~ ~xtract set tonh on O~c reverse side hereof is a ~e cop> of Amclc VI.
~ccnon 2. ~ftbc B~ l.a~s el said C~es. ~d is~n force
i% ~kllNi SS WHEREOF. the ~id kice-~denl and Assistant SecretaO have hereunto subscribed their names and
~HSxcd the Cnrporatc Seals olthe szud FI~Y AND DEPOSIF COMPANY OF MARY[AND. and the COLONIAL
XM~R[(TkN .7'ASUA1.T~ AND St R[ I~,_C~{PANY this 2nd da5 of FeNuau. AD. 2001
-X 1 1 ES~ b<t~ FIDELI~ AND
DEPOSIT
COMPANY
OF
MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
Paul (7 Rogers Uic'e Presid,'nt
State of Mar', land '1
Count_,, o,r Harford~ss:
(In this 2nd da? of Febroao. A.D 2001. before the subst, dber. a Notao' Public of the State of Map,.'land, duly
commissioned and qualified, came PALL C ROGERS. Vice President. and J. G. HAMILTON. Assistant Secretaw of the
FIDELIFY ,*,ND DEPOSIT COMPANT OF MARYLAND. and the (OLONIAL AMERICAN CASUALTY AND
'M!RETY COMPANY. to me personalI5 known to be the individuals and officers described in and x,,ho executed the
preceding instrument, and thex each ackno'aledged thc execution t)l lhe same. and being by me duly sx',om, severally and
each fc~ tumsclf deposetb and saith, that the> are the said officers ot the Companies aforesaid, and that the sea}s affixed to the
nreceding inslniment ~s the Corporate Seals of said Companies. and that the said Corporate Seals and their signatures as such
oHS< ers ~ :'re duly affixed and subscribed to the said instrument by thc authortn, and direction of the said Corporations.
tN FES;TIMONY VCHEREf)F I ha~e hereunlo set tn,, hand and affixed m,, Official Seal the day and year first above
Potrt~ t~ 4 7)'ombetli NoraO' Public
M_~ Commission Expires: October 9. 2002
POA F 18~ 0184
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
',~ticle VI. Section 2 The Chairman of the Board. or the PresidenL or an.,. Executive Vice-President. or any of thc Senior
\ici Presidents or Vice-Presidents spccialb authorized so to do bx the Board of Directors or b_', the Executive Committee.
.hall have po~er by and ~ith thc conculTence of the Secretar5 or any one ol the Assistant Secretaries. to appoint Resident
\icc Preqdcnls. Assistant Vice Presidents and Attorneys-in-Fact as the business of the Company may reqmre, or to
dutholize anx person o~ persons to execute on behalf of the Compan} an.', bonds, undertaking, recognizances, stipulations.
poiic~e,~, contr,~cts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instrnments in
thc nature )i mortgages., and to affix thc seal of the Compan> therelo -
EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
~ ticle VI <,ection 2 lhe Chairman of the Board. or the President, or an~. [ xecutive Vice-President, or any of the Senior
Vice Presidents or Vice-Presidents specially authorized so to do bi, the Board of Directors or by the Executive Comminee.
.hal have pm~er, by and with the cnncm~ence of the Sccrctao or any one vi the Assistant Secretaries. to appoint Resident
\:icc Presidents. Assistant Vice Prc-idents and AUtornc,,s-in-ltacl as thc N~siness of the Company may require, or to
mthor~ze Olli, neFson or persons to execute on behalf of thc Compm? all_', bonds, undertaking, recognizances, stipulations.
DO]It ~t2b. contracts, agreements, deed,,, arid releases and assignllleilP- of judgements, decrees, mortgages and instruments ii1
CERTIFICATE
! ~he undersigned. Assistant Secretar5 ,ol the l lDELlI5 AND DEPtiS[I COMI:'ANY OF MARYLAND. and the
(O[ ONIAI AMICRICAN CASI/AI I"5' AN[) SUREI'5 COMPAN'5. do herv'b.x certil~ that the original Power of Atlome5
?~ which the h,regoing is a lull. true and correct cop_',, is itl full fi)~cc and el'fi'ct on the date oI this certificate: and I do lhrther
e!~i*, lhal lbo Vice President v, ho execnted the said Pov, ci of ,\ltome? u, as one of the additional Vice-Presidents specially
itll}lt,Tizef! b?. thc Board of Directorq lo appoint anx Atlome_x-in Eacl as prowded in Article VI Section 2. of the respecnve
Bt [ax~s ol tile FIDEiEIY AND DEPt~SIq (OS. IPAN¥ (Ii: MAR'SLAND, and the COLONIAL AMERICAN
-XNtrALI'Y AND SURETY ('OMP-\NY
7hs Pox~erofAttornei, and Certificate ma? be signed b~ facsimih under and by authorityofthe follov, ingresolution of the
BozndnfDirectorsnfthe FIDEIdFY ANDDEPOSII-('OMPAN5 ()F MARYI AND at a meeting duly called and held on
the ()th da_', of Ma_,,. ]cio(} and oI the Board of Directors of the i OEONIAI AMERICAN CASUALTY AND SURETY
f~MPANY at ameeting dui> called and hek] on the -th da,. ol Max 1994
RFSOI \KD "That the t~csimile ol mechanicall> ~epFnduced seal oi the company and facsimile or mechanically
=eproduced '~tgnature of an* Vice-Prcsident Secretar?, or Assistanl Sccretari, of the Compan.s. ~hether made heretotbre or
hereafter, wherever appearing upon a certified cop.', oI an> power nl auornc? issued by the Company. shall be valid and
binding upon the Compan? with the same fi)FCC and cllecI as though manuall? affixed"
IN Fi STIM(tNY WHI-R} CH.. I i/ave hereunto subscribed m? rlante and affixed the corporate seals of the said Companies.
th~s 20t h da> of
2001