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Valley R Plaza 2-CS 970926n�7 The City With A Beautiful Future September 26, 1997 John T. Evans 5950 Berkshire Lane, Suite 410 Dallas, TX 7522 RE: Valley Ranch Plaza Tract A -R Final Acceptance Dear Mr. Evans: P.O. Box 478 Coppell, Texas 75019 214 - 462 -0022 The water, sanitary sewer, paving and drainage facilities in the above referenced addition 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, eth am be Construction Inspector cc: Matt Cast, Supt. Public Services Greg Jones, Building Official Doug Stevens, Engineering Technician '� IVERSAL SURETY OF AMEP'" A MAINTENANCE BOND a w w O H w x a Con a c C'n w z KNOW ALL MEN BY THESE PRESENTS: That England Plumbing as Principal and Universal Surety of America as Surety, are held and firmly bound unto the City of Coppell. Texas as obligee, in the full and just sum of Fifteen thousand and no /100 Dollars ($ 15.000.00 ), lawful money of the United States, to the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, The Principal has entered into a written contract dated 12 -17 -96 with N C Inc. , for plumbing system and all utility storm sewer and fire line located at 817 N. MacArthur. Coppell. Texas and WHEREAS, said contract provides that the principal will furnish a bond conditioned to guarantee for the period of two (2) years after approval of the said job, by the obligee, against all defects in workmanship and materials which may become apparent during said period. 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 or workmanship which become apparent during the aforesaid period, then this obligation shall be void, otherwise to remain in full force and effect. Signed, sealed and dated August 21 1997 England Plumbing (Principal) Universal Surety of America (Surety) By 49 4k Attorney -In -Fact Bobby W. Bush UNIVERSAL SURETY z c rn a r C rn -C O rn n a VERSAL SURETY OF AMER- UNIVERSAL SURETY OF AMERICA P.O. BOX 1068 -Houston, Texas 77251 -1068 GENERAL POWER OF ATTORNEY - CERTIFIED COPY tad xun� TX 092147100 Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Texas, does by these presents make, constitute and appoint Bobby W. Bush its true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver bonds for Principal: England Plumbing Obligee: The City of Coppell, Texas Amount: $15,000.00 U and to bind the company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the z ..� company and duly attested by its secretary, hereby ratifying and confirming all that the said Attomey(s) -in -Fact may do within the above stated P� limitations. Said appointment is trade under and by authority of the following resolution adopted by the Board of Directors of Universal Surety of C W America at a meeting held on the 11th day of July, 1984. tTy 7d Q "Be It Resolved, that the President, and any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power Cn W and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company." > o r "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimilie to any rA F power of attorney of the corporation, and that such printed facsimilie signature and seal shall be valid and binding upon the corporation." C W � Gt4 t 3 �:D In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President, John Knox, Jr. and its rn corporate seal to be hereto affixed this 30th day of September, A.D., 19%. � O C¢ UNIVERSAL SURETY OF AMERICA > > a'�,faEr W r' P} 10 ox, Jr. President � 1C W, State of Texas as: County of Harris On this 30th day of September, In the year of 1996, before me Rhonda Kay Wilke, a notary public, personally appeared John Knox, Jr., personalty known to be the person who executed the within Instrument as President, on behalf of the corporation therein named and acknowledged to me that the corporation executed It. Notary Public I, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, tree and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in affect. GIVEN under my hand and the seal of said company, at Houston, Texas, this 21ST day o f AUGUST 19 97 . As tstant Secretary For verification of the authority of this power you may telephone (713) 7224600. UNIVERSAL SURETY OF AMERICA MAINTENANCE BOND STATE OF TExAS • } {> A-ft COUNTY OF DALLAS ) �1 /`x���wp✓�►�L KNOW ALL MEN BY THESE PRESENTS: THAT Jim Birge & Co., Inc. as Principal, and Western Surety Corpany , a corporation organized under the laws of South Dakota , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the city of Coppell , a Municipal Corporation, Texas, the sum of Two thousand five hundred Dollars and no Cents ($ 5oo . oo ) , for the payment of which stmt win and truly be made unto said , and its successors, said principal and sureties do hereby, bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned; however, that whereas, the said Jim Birge & Co., Inc. has this day entered into a written contract with the said _citx of c1n„Pi i to build and Construct two drive approaches - 817 MacArthur, Cowell. T% which contract and the plans and specifications therein mentioned, adopted by the C ity of Cowell are hereby expressly made a part thereof as through the same were written and embodied herein. WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairs and/or reconstruction in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessofies thereto constructed by the Contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said Contractor, and sureties on this obligation, and the said Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said contract for each day's failure on its' part to comply with the terms of said provisions of said contract. Now, therefore, if the said Contractor shall keep and perform its' said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by the said Contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said City of C opp ell shall have and receive from the said Contractor and its' principal and sureties damages in the premises, as provided; and it 1 -38 Contract Documents is further agreed that this obligation shall be a continuing one against the principal and sureties, hereon, and that successive recoveries may be and had hereon for successive branches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said jim Birge & Co-, Tnc. has caused these presents to be executed by President and the said Western Surety Company has caused these presents to be executed by its Attorney in fact and the said Attorney in fact Michael P. Whisenant , has hereunto set his hand, the 24th day of September , 19 97 PRINCIPAJL By: SURETY Western Suretv C Title: Attorney -In -Fact WITNESS: n / &)a&Z NOTE: Date of Maintenance Bond must not be prior to date of Contract. Contract Documents % Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. SP22327647 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company "), does by these presents make, constitute and appoint Michael P. Whisenant its true and lawful attomey(s) -in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Jim Birge & Co., Inc. Obligee: City ofCoppell Amount: 52,500.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attomey(s) -in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimle." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of NOVEMBER 23 1997 but until such time shall be irrevocable and in full force and effect. In Wipes oof, Western Surety Company has caused these presents to be signed by its President, Joe P. Kirby, and its corporate seal ux a 124TH day of SRPT. 1997 ff WESTER1,3>i 54JAT SCAN Joe P. SS: On this 24TH day of SEPT. in the year 199 before me, a notary public, personally appeared Joe P. Kirby, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. I ; D. KRELL r �( n t (/ U[ NOTARY PUBLIC No Public -South Dakota S SE L SOUTH DAKOTA SE/1L J ,�. My C~ksiaa axri� l raal000 J ",%% -- a I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. 1 t estimony whereof, I have hereunto set my hand and seal of Western Surety Company this 24TH day of Utz R Q T R R N .. 1 ' T ROr"IS OTl AA SEPT. ANY