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ST9504-CS 960409The City With A Beautiful Future P.O. Box 478 Coppell, Texas 75019 April 9, 1996 Dave Van Dermeer McFadden & Miller, Inc. P.O. Box 36447 Dallas, TX 75235 RE: Burns Road Final Acceptance Dear Dave, P.O. Box 478 Coppell, Texas 75019 214 - 462 -0022 The paving and drainage facilities on the above referenced project were inspected during construction by the City of Coppell Engineering Department and were installed according to the plans and our specifications governing such work. As of the above date, the facilities are accepted subject to the two -year maintenance agreement Thank you for your cooperation during this construction and if I can be of further service, please contact me at (214) 304 -3685. Sincerely, arre ampbell Construction Inspector cc: Carter Crowley Properties Needham Wright Engineers, Inc. Atul Patel, Graduate Engineer Doug Stevens, Engineering Technician MAINTENANCE BOND Bond No. 141531727 KNOW ALL MEN BE THESE PRESENTS, That we, McFADDEN & MILLER, TNC. , as Principal, and CONTINENTAL CASUALTY COMPANY , a corporation duly organized under the laws of the State of Illinois 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 - - -Fifty -Five Thousand and No/100---($55,000,00) -------- Dollars for the payment of which sum 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, formally by these presents. Sealed with our seals and dated this 21st day of February 19 96 . WHEREAS, the said Principal has heretofore entered into a contract with Carter Crowley Properties , dated for Rail Crossing on Burns Road in the City of Coppell, Texas a NOW, THEREFORE, the condition of this obligation is such that if said Principal shall faithfully carry out and perform the said guarantee, and shall, or due notice, repair and make good at its own expense any defects which are the result of faulty workmanship and materials in said contract which may develop during the period of two (2) years or shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or default of said Principal to do so, then this obligation shall be null and void; otherwise shall remain in full force and effect. Surety By: Rosemary Wea er Attorney -in -Fact 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, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CNA Surety Companies'), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Beverly Hayes, L. Ray Pitts Jr.,John R. Stockton, Rosemary Weaver, Individually of Dallas, Texas their true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal 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 are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the co, ~orations. In Witness Whereof, the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 1 st day of January , 1996 CONTINENTAL CASUALTY COMPANY = ter T J � R �CF �d NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA z y a JULY 11, D U SEAL V' 1902 1897 MARYY" • !� M.C. Vonnahme Group Vice President State of Illinois, County of Cook, ss On this 1st day of January , 1996 , before me personally came M. C. Vonnahme to me known, who, being by me duly sworn, did depose and say: that he resides in the Village of Darien , State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA 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. QI G. Dora S F J NOTARY Pulauc k Co.. My Commission Expires October 19, 1998 Linda C. Dempsey Notary Public CERTIFICATE I, John M. Littler , Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the reverse her of are still in f rce. n testimony whereof I ave hereunto subscribed my name and affixed the seals of the said corporations this a- day of. r��ClslJl4 %"SUR 00 F EAL t ° j (Rev.7/14/95) CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA _ CJ?i John M. Littler Assistant Secretary IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAID: 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. 0. 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 COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TExAS DEPARTMENT OF INSURANCE. ATTACH THIS NNOTICE TO YOUR POLICY: THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT.