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Northlake 635(4)-CS010710T H E C 1 T Y O F COPPELL r .,~. r o f tis a .y ~ a ~ 6 July 10, 2001 Curt Hellen Bob Moore Construction 1110 N Watson Rd Arlington, TX 76011 RE: Northlake 635 Business Park, Lot 1R, Block C (Coppell Tech Center Yl) Final Acceptance Dear Curt: 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 tPae contractor. Maturity on the bonds ill be two years from the date of this letter. Sincerely Davis cc: Ken Griffin, P.E., Director of Engineering/Public Works Rhonda Brothers, Engineering Secretary Glenn Hollowell, Director of Public Works Greg Jones, Chief Building Official Travis Crump, Fire Marshal 255 PARKWAY * P.O.BO% 47B * COPPELL T% 75019 * TEL 972/462 0022 * FA% 972/304 3673 MAINTENANCE BOND Bond NO. 183731 KNOW ALL MEN BY THESE PRESENTS, That We, Osborn Contractors, Inc. (hereinafter called the `Prinapal~ as Principal, and the North American Specialty Insurance Company , a OOrpOfatlOrl duly Organized Und@r the IaWS Of tl1e State Of New Hampshire and duty pcensed tD transact busk~ess in the State Of Texas (hereinafter called the'Sunety'), as Surety are held and finely bound unto qty or Coppell, Tx (hereinafter called the'Obligee', in the sum OfFive Thousand and Noll (i 5,000.00 ~ ~ the pay~t ~ which are well and truly to be made, we, the said Principal and the said Surety, bind oursehies, our heirs, executors, adminLSfrators, suoc~sors and assigns, jointly and severally, fimtly by these presents. Signed and sealed this 25th day of June , 20°1 THE CONDRION OF THIS 08LIGATiON is such, that WHEREAS, the said Principe! has heretofore entered into a contract wdh Bob Moore Construction dated August 24, 2000 ,for two approaches WHEREAS, the obligee has requested that said work be guaranteed against failure because of defective workmanship or mafierial, perfomred or furnished by said principal for a period of tWe years from data of completion arrd acceptance, normal wear and tear excepted. NOW THEREFORE, if the said Prinapal shall indemndy anti save harmless the obligee against bss or damage occasioned d'irecdy by the failure of said materiels or workrrranahip,lhen fhis obligation to be wed, otherwise to remain in fop force and effect. ft is understood, however, that this bored shall not include bss or damage by failure of vvorkrrranship or materials due b hurrk;ane, cyclone, tornado, earthqualu3, voksanic eruption or any sim~ar dishrrbarroe of nature, nor military, naval or usurped power, insumedion, riot or rtivil commotion, nor arty ad of God. ft is further understood and agreed that the total I'iability of the surety under this bond shall it no event eXC@ed the sum Of Five Thousand and No/100 ($5,000.00)--------------------------------------------------- ~ •.L??~I No right of adbn shall aoaue upon or by reason of this obligation, m or for the use or benefit of any person, firm or oorporatan, other than the obligee herd named. Osborn Contractors, Inc. North American Specialty Insurance Company Prstdpal Surety _ i B . By: Elnora Cruthis I~ttOmey~nfaCt NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington Intemational Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its rincipal office in the city of Itasca, Illinois, each does hereby make, constitute and appoint: Derrell C. Dodson, Sam J. Mullis, Elnora G~ruthis, Darrin J. Weber or Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on i[s behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as aze or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TEN MILLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boazds of Directors of both North American Specialty Insurance Company and Washington Intemational Insurance Company at meetings duly called and held on the 24's of Mazch, 2000: "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attomey qualifying the attorney named in the given Power of Attomey to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attomey and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." BQ WITNESS WHEREOF, North American Specialty Insurance Company and Washington Intemational Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 14 day of February _ 20 Ol , pannonnr+i. Dauiel G. Gibsoq VP, CFO & Treuurer of North American Specialty Insurance Company & p'¢-- CORI'Il1ZATE~ 3 Waahiogtoo International Insurance Company =~ ~£~~ ~~.,E ~I s ANIZONA f~~'^' Steven P. Anderson, Sr. Vice President of Washington In[erualional Insurance Company & Vice President of North American Specialty Insurance Company North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: QFFtG1AL SF.A4 - YASMIIV A PgTEt. IOrN1Y ~. srAie es a1111a1{ aM easaw,ua~wss oowarwwiawz ~ - ~~c~ Yasmin A. Patel, Notary Public 14 day of February 20 ~l ~ before me, a Notary Public personally appeazed and Daniel G. Gibson VP, CFO and Treasurer of both aforementioned companies and Steven P. Anderson Sr. Vice President of Washington Intemational Insurance Company and Vice President ofNorth American Specialty Insurance Company personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instnunent to be the voluntary act and deed of their respective companies. I. Robert I Cate ,the duly elected Assistant ecretarv of North American Specialty Insurance Company and Washington Intemational Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey given by said North American Specialty Insurance Company and Washington Intemational Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 2 5t hday of June . 20 O1, ~~ Robert I. Cate Assistaat Secretary 2.274 CONTINUATION CERTIFICATE (to be filed with the obligee) TX 548489 5,000 CITY OF COPPEI_L CONTRAGTOR~ CEMENT BOND NO. AMOUNT OBLIGEE DESCRIPTION THE MERCHANTS BONDING COMPANY (MUTUAL), Des Moines, Iowa, hereby continues in force Bond for OSBURN CONTRACTORS INC PRINCIPAL D B A All liability under this Continuation Certificate is effective 4/06/01 and terminates midnight 4/06/02 This continuation is executed upon the express condition that the Company's liability under said Bond and this and all continuations thereof shall not be cumulative and shall in no event exceed in the aggregate the largest single amount named in the Bond, the endorsement attached thereto, or any continuation certificate. Witness the signature of its Secretary under the corporate seal on 2/01/01 MERCHANTS BONDING COMPANY (MUTUAL) Attest: Secretary res dent CERTIFICATION I hereby certify that the following is a true and correct copy of Article 2. Section 9 of the Amended and Substituted By-laws of Merchants Bonding Company (Mutual) duly adopted and recorded to-wit: "The signature of any authorized officer and the Seal of the company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." Secretary Witnessed to and subscribed by me on 2/01/01 R, ~~~ Not Public, low~~ MERCHANTS BONDING COMPANY (MUTUAL) "Iowa's Oldest Surety Company" ~a ozsi ivoo> r ii \.9~ f .r.- INSURLNCE COMPANY OF 'fNE WEST p. 0. BO% 85563 - SAN DIEGO, CALIFORNIA 42118-5563 (619) 546-2400 (800) 532-3702 KNOW ALL NEN BY TtlESE PRESENTS: MAINTENANCE BOND Bond No. 183 98 54 Maddox Construction, Inc. ,aS That Principal, and i~,,~rance Coao~v of the West, a corporation organized wrier the lays of the State of Cal o a and authorised Texas as Surety, are held and finly bowd wto the to do a surety business in the State of City of Coppell, Texas inthesu~of Twelve Thousand Five Hundred and no 100----- __________________________ (S 12, 500.00 ~~ lavful money of the United States of Aaerica, for the payeent of vhich su, mell and truly to be Bade, we bind ourselves, our. heirs, executors, adunistrators, successors and assigns, jointly and severally, finly by these presents: SEALED vith our seals and dated this June 11, 2001 - W6EREAS, on the , the Said Maddox Construction, Inc. as contractor, entered into a contract for Utility 61ork in Easement, Coppell Tech Center II for the su' of ----------------------------------------- Twent -Five Thousand and no/100 (s 25.000.00 ); and, WHEREAS, under the tens of the specifications for said Work, the said Maddox Cons tr is required to glue a bond for --------------- 1,-- ? ---- Twelve Thousand Five Hundred and no 100--------------------12,500.00 to rotectthe ------------------- (S ------------ - ---------------------- ...... against the result of faulty aaterials or vorkeanship for a period of tvo years frog and after the date of the croapletion and acceptance of saes, naaely, wtil Two veers from acceptance by City. shall NOW, TgBREfORE, if the said Maddox Construction Inc. for a ~et~oyd off t+~oo~Paesl~ron,~aster the date of the cowpletlon a~ acceptance of sane Dy said replaceanyandall defects arising in said work uhether resulting fra defect to be void; otherrise to regain in full force and effect. of defective vork~anship, then the above obllgatlon Maddox Construction, Inc. B ~ 0 Linda W. Sinku, Attorney-in-Fact No. 0004790 ICW GROUP Power of Attorney Insurance Comparry of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of Califomia, Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referzed to as the "Companies', do hereby appoint GARY B. MCELROY, LIlVDA W. S1NKU AND ROBERT A. FERGUSON they true and lawful Attorney(s)-in-Fact with authority [o date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. 6orNwr4, tNBUq _pr~ ^+0~ r~ OQ' pp0gy 4y ~,ovaWV ~ ce ~° '~ o~ // V SEAL n e ~ar.~ ;,'gj~+x,~at a arMewY qql -Md N John H. Craig, Assistant Secretary INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hannum, Executive Vice President State of Califomia County of Sen Diego ~ Ss. On January 16, 2001, before me, Nottna Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instmment, and acknowledged to me that they executed the same in they authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instcvment. Witness my hand and ofScial seal. NORMiA PORTER ~~ ~) ~ NOTARY PURI-IC-CM1LIFURNIA N COtv1M. #1257540 OO `~~V'fiCllit/ ~`~ SAN DIEGO COUNTY ~ ~ j~~ ,- •-.. y-0ninrnission F-zpir©s. ' If) ,/Y/'1'N/Nl. MARCH 19. 2004 Norma Porter, Notary Public RESOLUTIONS This Power of Attomey is granted and is signed, sealed and notarized with facsimile signattues and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal, end deliver on behalf of the Company, fidelity and surety bonds, undertakings, end other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatwes', and the signature end seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shell have the same force end effect as if manually affixed. The facsimile representations referzed to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attomey is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 11th day of .Tune 2~ ~ I ~/ John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attomey you may call 1-800-888-1111 and ask for the Surety Division. Please refer to the Power of Attomey Number, the above named individual(s) and details of the bond to which the power is attached.