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PA0001-CS020816 T H E * C I T Y · O F COP ELL August 16, 2002 Rex Shelly ACC, Inc. 821 E. Southlake Blvd. Southlake, TX 76092 RE: MacArthur Park PA 00-01 Final Acceptance of Paving Dear Rex: A final inspection of paving for the referenced project has been confirmed by representatives from the Engineering Deparunent of the City of Coppell. The improvements in the above referenced project were inspected and were installed according to plans and our specifications governing such work. The two-year maintenance bonds have been received from the contractor. Maturity on the bonds will be two years from the date of this letter. Sing~rely, . Rick O'Dell Construction Inspector CC: Susan Lee Wright, Schrickle, Rollins and Assoc. Ken Griffin, Director of Engineering/Public Works Rhonda Brothers, Engineering Secretary Glenn Hollowell, Asst. Director of Public Works CNA INSURANCE COMPANIES 929223262 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we American Civil Constructors, lnG. 821 E. Southlake Blvd. Southlake TX 76092 as Principal, and Continental Casualty Company ., as Surety, are heed and firmly bound unto _City of Coppell 255 Parkw_a¥ .~Coppell TX 75019 as Obligee, in the penal sum of _Two Hundred Forty Nine Thousand One Hundred Seventy Three Dollars and 00/100 ($ 249,173.00 ) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a contract with the _~i-t)~..gf-.C-°.ppell dated for MacArthur Park Parking Lot Expansion, Contract #2041029 Januaw 8,2002 WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of Two 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 period, and WHEREAS, the said contract has been completed, and was approved on _ day of .__ NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials workmanship which beco~'ne apparent during the period of _._T._w_o__ _ year(s) from and after ¢~,~/.- ~._~__.. then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED August 8, 2002 Form G-23210-A Amer'can Civil Constructors, Inc. L S _,mer~ . ~ (. ) (L.S.) PRINCIPAL(S) C o n tir~n ~1C.¢ stilly ~o)~a.n Y.., . Debbie Poppe ? / Attorney-m4-ac~ POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois corporation. National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading. Pennsylvania, a Pennsylvania corporation (herein called "the CNA Companies"), are duly organized and existing corporations having their principal prices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint William M. O'Connell, Jr,, Debbie Poppe, Shelley Czajkowski, Deborah A. Haslam. Celeste T Moore-Helms. Garr7 L Wesselink. Individually of Denver, Colorado their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seat and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature --- in Unlimited Amounts -- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 9th day of November, 2001. Continental Casualty Company National Fire Insurance Company of Hartford Amedcan Casualty Company of Reading. Pennsylvania Michael Gengler Group Vice President State of Illinois, County of Cook, ss: On this 9th day of November. 2001, before me personally came Michael Gengter to me known, who. being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of Continental Casualty Company, an Illinois corporation. National Fire Insurance Company of HarCord, a Connecticut corporation, and Amedcan Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. 'OFFICIAL SEAL' DIANE FAULKNE~ Notary Public, Slate of Illinois My Cammlssion Exl~ires 9/17/05 } My CommiesJon Expires September 17, 2005 Diane Faulkner Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an IIlinois corporation. National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certi~ that the Power of Attorney herein above set forth is still in force, and further certi~ that the By-Law and Resolution of the Board of Directors of the corporations prMted on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 81::~_ day of AuL:rust , 2002 . Continental Casualty Company National Fire Insurance Company of Hartford American Casualb/Company of Reading, Pennsylvania ktaw A. R]bikawskis Assistant Secretary (Rev 10/11/01)