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Park West CC(3)-CS000713 ~~~~ Coppell Te as 75019 the City With A Beautiful Future 972-462-0022 'O BOX 478 ;OPPELL,TEXAS 75019 July 13, 2000 Todd Jackson Halff Associates, Inc. 8616 Northwest Plaza Drive Dallas, Texas 75225 RE: Park West Commerce Center, Lot 1R-2, Block 2 (Daryl Flood Warehouse) Final Acceptance Dear Mr. Jackson: 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. cc: Jimmy Laxon, McFadden & Miller (fax: 972-745-4240) James Cofer, Tri Dal Ltd. (fax: 817-481-8195) Daryl & Ray Flood, Daryl Flood, Inc. (fax: 972-416-8013) Mike Martin, Assistant City Engineer Debi Ingram, Engineering Secretary Glenn Hollowell, Director of Public Works Greg Jones, Chief Building Official Travis Crump, Fire Marshal MAINTENANCE BOND Bond No. 71SB103233552 KNOW ALL MEN BY THESE PRESENTS: THAT, TRI DAL LTD., as Principal and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA a Corporation duly authorized to transact general surety business in the State of Texas, as Surety, are held and firmly bound unto CITY OF COPPELL in the sum of FORTY THOUSAND NINE HUNDRED FIVE AND 50/100 Dollars ($ 40.905.50),lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. . THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT: WHEREAS, the Principal entered into a written contract with McFadden & Miller dated December 1, 1999 for: PUBLIC PORTION-FIRE PROTECTION LOOP (NOT THE 100' TO THE BLD. OR RISER) & SANITARY SEWER FOR DARYL FLOOD WAREHOUSE, AIRLINE DRIVE, COPPELL, TX and; WHEREAS, the said Principal is required to post a bond to protect the said Obligee against the result of faulty material or workmanship for a period of two years from and after the date of acceptance of said work and; NOW, THEREFORE, if the said Principal shall for a period of two years from and after the date of acceptance of said work, replace any and all defects arising in said work, whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise, to remain in full force and effect. SIGNED, SEALED AND DATED this 30th day of March,2000. TRI DAL. LTD. Principal TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Surety By: ~~' ~ o`~'~? J PAULINE L. LESCH, Attorney-in-Fact IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 FAX #(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. TRAVELT CASUALTY AND SURETY COMPANY OF ERICA TRr./ELERS CASUALTY AND SURETY COMPAN Y FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS Naperville, Illinois 60563-8458 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a corporation duly organized under the laws of the State of Illinois, and ha~~ng its principal office in the City of Naperville, County of DuPage, State of Illinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Pauline L. Lesch, Clem F. Lesch, Gary Matula, Steven J. Zinecker or Beverly Webb " " of Lewis~~lle, TX, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Boazd of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of [his Company, provided that each such delegation is in writing and a copy thereof is filed in the ofI-ice of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company ofTicers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature 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 attached. (8-9~) MAINTENANCE BOND Bond No. 11141695202 Any singular reference to Contractor, Principal, Surety, Owner or other party shall be considered plural where applicable. KNOW ALL MEN BY THESE PRESENTS: That McFadden & Miller, Inc. as Principal, hereinafter called Contractor, and Associated Indemnity Coxpoxation as Surety, hereinafter called Surety, are firmly bound unto City of Coppell, Texas (Name and address of Owner) hereinafter called Obligee, in the sum of Zero Dollars DOLLARS, lawful money of the United States of America, to be paid to the said Obligee or its successors or assigns to the payment of which sum 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, Contractor entered into a contract with the said Obligee dated October 27, 1999 for Driveway Access Daryl Flood Warehouse 450 Airline Drive, Coppell, Texas NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall remedy any defects due to faulty materials or workmanship and pay for any damage to other work resulting therefrom which shall appear within a period of Two (2) year(s) from the date of acceptance of the work provided for in the Contract, then this obligation shall be void; otherwise it shall be and remain in full force and effect. t.,~.,~r ATTEST: Associated Indemnity Coxpoxation Name of Surety l1 ~ 11~ ~(~ By.-~L~P.t.,~-~ ~~ 9L~ (Signature) Surety Rosemary Weaver (SEAL) wa-4s5s Attach Properly Executed Power of Attorney McFadden & Miller, Inc. FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE CObIPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a Califomia corporation, NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a Califomia corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the Companies") does each hereby appoint ROSEMARY WEAVER AND JOHN R. STOCKTON OF DALLAS TX their tnie and lawful Attorney(s)-in-Fact, with full power of authority hereby conferred in their name, place and stead, m execute, seal, acknowledce and deliver any and all bonds. undertakings, reco_nizances or other written obligations in the nature thereof ------------------------------------------- and to bind the Companies thereby as fully and to the same extrnt as if such bonds wort signed by the President, sealed with the corporate seals of the Companies and duly attested by the Companies' Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-fact may do in the premises. This pother of atoorney is granted under and by the authority of Article VII of the Ry-laws of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY. ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of [he following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting dulywlled and held, or by written consent, on the 19th day of March, 1995, and said Resolmion has not been amended or repealed: "RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attomey, on any revocation of any power of attomey, or on any certificate relating thereto, by facsimile, and any power of attomey, any revocation of any power of attorney, or certificate bearine such facsimile signature or facsimile seal shall he valid and binding upon the Companies:' IN WITjNESS WHEREOF, the Companies have caused these pesents to be signed by their Vice-President, and their corporate seals to be hereunto al'tized this l1// day of Decembber 198. FIREMAN'S FUND INSURANCE COMPANY JPE oo CO ~a\~atYnH ~•,... `Qt~tere' <''O,~ ~`'. o uo: ;ci''y co oeaE qs'•,.. <: ,P , ,.•~ p op~ NATIONAL SURETY CORPORATION ~ , y„ ° ~', = ° ~, ; THE AMERICAN INSURANCE COMPANY c ? o O =_.+' ~; _ ' "" <; ' s e A c8= ASSOCIATED INDEMNITY CORPORATION ~: Z seeraisro ~ € 1 •/ro` z, ~ ~? ;y y+, z,°iy':-•-..;T+T,~ AMERICAN AUTOMOBILE INSURANCE COMPANY `C6, 4wo` ~ ~=l- r R1N(•E-~O~ GR'rgCE ~0'~¢ •e,. JL0U15.,,E r :,Y C~ ~ynya,x«nnnw•A ., , nonR• By' STATE OF CALIFORNIA vlc ~Prcsidrnt SS. COUNTY OF MARIN J On this 1 ~ day of December 1998 ,before me personally came M. A. Mallonee to me known, who, being by me duly sworn, did depose and say: that he is aVice-President of each company, described in and which executed the above inswment; that he knows the seals of the said Companies; that the seals affixed to the said instmment are such company seals; that they were so affixed by order of dte Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF, [have hereunto set my hand and affixed my official seal, the day and year herein first above written. L OCAMPO i Commission # 1163726 Z ~~ Notary Public - CalifLxnla ~ Morin County Cam. F~C~S (•10V•~.2~1 Notary Public CERTIFICATE STATE OF CALIFORNIA SS. COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VI[ of the By-laws of each company, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. ~~} Signed and sealed at the County of Morin. Dated the ~ day of ` . ~" V O ETYQ Wnn,~~~~°'y.. i.PtArvs p f'yo; IC~4 •coo,.,llE lq„ SEPT 3Nr0° ~ ie ~__ 2 y f i'~ '7 6EA 6; - L ~: - - K6ti4,rlo~s,L~ ",.i a,: q r ~¢ s~ ¢~ ~-. •yJ~.........~'~,, C' c ~`~'CE ~O ~V~NCE'tOV ••+e„~LOUI5 M0~,, Resident P,SSIStar,t Secretary 360789-11-98 ~~~~~ C ppell, Te as 75019 -he City With A Beautiful Future 972-462-0022 O. BOX 478 :OPPELL,TEXAS 75019 July 13, 2000 James A. Koch, Jr. Pacheco Koch 9401 LBJ Freeway, Suite 300 Dallas, Texas 75243 RE: Park West Commerce Center, Lot 1R-2, Block 2 (Daryl Flood Box Culvert) Final Acceptance Dear 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. cc: James Cofer, Tri Dal Ltd. (Fax: 817-481-8195) Daryl & Ray Flood, Daryl Flood Inc. (Fax: 972-416-8013) Mike Martin, Assistant City Engineer Debi Ingram, Engineering Secretary Glenn Hollowell, Director of Public Works Greg Jones, Chief Building Official Travis Crump, Fire Marshal MAINTENANCE BOND Bond No. 71SB103255353 BCNI KNOW ALL MEN BY THESE PRESENTS: THAT, TRI DAL, LTD., as Principal and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA a Corporation duly authorized to transact general surety business in the State of Texas, as Surety, are held and firmly bound unto CITY OF COPPELL in the sum of ONE HUNDRED SEVENTY FIVE THOUSAND NINE HUNDRED SEVENTY NINE AND 50/100 Dollars ($ 175,979.50),lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT: WHEREAS, the Principal entered into a written contract with Flood Two Properties, Ltd. %Daryl Flood Warehouse & Movers, Inc., dated September 21, 1999, for PUBLIC STORM DRAIN TO SERVE FLOOD TWO PROPERTIES, FLOOD'S ALLIED MOVING & STORAGE, COPPELL, TEXAS and; WHEREAS, the said Principal is required to post a bond to protect the said Obligee against the result of faulty material or workmanship for a period of two (2) years from and after the date of acceptance of said work and; NOW, THEREFORE, if the said Principal shall for a period of two (2) years from and after the date of acceptance of said work, replace any and all defects arising in said work, whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise, to remain in full force and effect. SIGNED, SEALED AND DATED this 1 lth day of Mav,2000. TRI DAL, LTD. Principal / / L4~~~ By: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Surety By: ~CUtik,~a~~ ~ ~Q-C~~ PAULINE L. LESCH, Attorney-in-Fact IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 FAX #(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. TRAVELFT' CASUALTY AND SURETY COMPANY OF ERICA Th ELERS CASUALTY AND SURETY COMPAI\ . FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS Naperville, Illinois 60563-8458 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of DuPage, State of Illinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Pauline L. Lerch, Clem F. Lerch, Gary Matula, Steven J. Zinecl:er or Beverly Webb of Lewisville, TX, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and al] consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duty authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treaswer, any Assistant Treaswer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents [o act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign vrith the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the natue of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chaimtan, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the otTice of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treaswer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and scaled by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect: VOTED: That the signatwe of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be afExed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the natue thereof, and any such power of attorney or certificate bearing such facsimile signatwe or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signatwe and facsimile seal shall be valid and binding upon the Company in [he futwe with respect to any bond or undertaking to which it is attached. t8.9~)