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Community CU-CS030630COPP-ELL June 30, 2003 Alan Raeztman MY-CON Construction, Inc. 208 E Louisiana #208 McKinney, TX 75069fax 972-529-2444 RE: Community Credit Union Final Acceptance Dear Mr. Raeztman: Representatives of the City of Coppell have confirmed a final inspection of paving and utilities for the referenced project. 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. Since. r_aly,.e Rick O'Dell ~ Construction Inspector Office Phone: (972) 304-7090 Fax: (972) 304-3570 CC: Ken Griffin, Director of Engineering & Public Works Rhonda Brothers, Engineering Secretary Glenn Hollowell, Director of Public Works Greg Jones, Chief Building Official Travis Crump, Fire Marshal David A. Vilbig, P. E. Vilbig & Associates, Inc. 10132 Monroe Drive Dallas, TX 75229 CNA INSURANCE COMPANIES Bond # 929289585 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we Pavecon Commercial, Inc 3022 Roy Orr Bird: Grand Prairie, TX 75050 as Principal, and Continental Casualty Company __ and firmly bound unto City of Coppell 255 Parkway BIvd: Co~ell, TX 75019 as Obligee, in the penal sum of Thirty Six Thousand, Two Hundred F_Fiift~v and No/100 ($ 36,250.00 ) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns )ointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a contract with the MYCON General Contractors, Inc. 208 E Lo~uisiana St., Ste 20Q:._McKinne¥~ TX 75069 for City Sidewalks, Deceleration Lane & Approaches 687 Denton Tap Road-CeppelI, TX 75019 dated August 22, 2002 WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of One 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 Twenty Eighth day of __J.uly 2003 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, If the Principal shall indemnify the Obligee for ail loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of One year{s) from and after July 28, 2003 then this obligation shaft be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED July 25, 2003 Form G-23210-B CNA by ~"-,~""'.~;~'- (L.S.) Continental Casualty Comp~any Attorney-in-fact POWER OF AT', -RNEY APPOINTING INDIVIDUAL ATTOIiNEY-IN-FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hertford, 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 offices 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 B Cadenhead, Michael D Hendrickson, Becky L Branum, Diana K Willis, Individually of Hurst, TX, their tree 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 is hereby ratified and confirmed. This Power of Attorney is mede and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duty adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, thc CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 19th day of February, 2003. Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Michae Geng er ! Sen~r Vic~ President State of lllinois, County of Cook, ss: On this 19th day of February, 2003, before me personally came Michael Gengler to me known, who, being by me duly swom, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of 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 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. My Commission Expires September 17, 2006 Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of 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 do hereby certify that the Power nf Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the corporations hereof, j~in force. In testimony w)qr~lJl)ave hereunto subscribed my name and affixed the seal of the said corporations this print~l[e ~¥O v.a day of c...__ /]L4.Ja~_ ,4122~,-11-&-2. ~ ~ ~ Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania M Assistant Secretary Form F6853 State of Texas Claim Notice Endorsement To be attached to and form a part of Bond No, 929289585 in accordance with Section 2253.021(f) of the Texas Government Code and Section 53,202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822-5000 NOTICE l-n accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified helow is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collcctlvcly the "Writing Companies") as surety or insurer: Western Surety Company. Universal Surety o~' America, Surety l~onding Company of America. Continental Casualty Company. National Fire Insurance Company of Hartferd. American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acta eartifiod under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pa),' ninety percent (90%) of' covered terrorism losses exceeding the applicable surety/insurer deductible. General Purpose Rider TO ~; ATTACHED TO an<J f,3rm peri of Bond Number 929289585 as surer% err be~a~fo~' Pavecon Commercial, Inc of 3022 Roy Orr BIvd: Grand Prairie, TX 75050 in favo/'ef City of Coppe[I i~u~:l by the Con!inental Casualb/Company hereinafter referred to as the Principal, and of 255 Parkway Blvd: Coppell, TX 75019 · t~ereinalter referred tO as the Obllgee, in the sum of Thirty Six Thousand, Two Hundred Fift~ and No/100 ....................... D~llars ( $36,250.00 ), effective the 25th deyof July, 2003. NOW, THEREFORE, ~t ~s ai~reed tile[ The guarantee period of this bond is amended to read: TWO year(s) THIS RIDER i8 TO BE E'FPECTIVE t~le 25th ~y of July , 2003 81GNED, SF. ALED AND DATED thIs 29th dayof July , 2003 . Paveco~ Continental Casualty Company____ (Sea/) At[omey-in-fad. 74-D POWER OF A'I ~ .JRNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company ofHartfurd, a Connecticut eorporafinn, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation (herein called "the CNA Companies"), arc 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 signatures and seals herein affixed hereby make, constitute and appoint William B Cadenhead, Michael D Hendrickson, Becky L Branum, Diana K Willis, Individually of Hurst, TX, their tree 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 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 Direeturs 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 19th day of February, 2003. State of Illinois, County of Cook, ss: Continental Casualty Company National Fire Insurance Company of Hmfford American Casualty Company of Reading, Pennsylvania On this 19th day of February, 2003, before mc personally came Michael Gengler 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 Senior Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Canneetieut corporation, and American 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. My Commission Expires September 17.2006 Notary Public CERTIFICATE I. Mary A. Ribikawskis, Assistant Secretary of 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 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 Dirceturs of the corporations pri~n~,~r~reverse hereof is sti~orc~ ~ln testimony w,~.~J;~ Lh~ve hereunto subscribed my name and affixed the seal of the said corporations this Form F6853 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX--Execution of Documents Section 3. Appointment of Ai~omey-in-fact. Thc Chairman of thc Board of DirecUn~, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written ce~ificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bends, undertakings and other obligatory insm~nents of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind thc Company by their signature and execution of any such instruments and to attach thc seal of the Company thervao. Thc Chairman of thc Board of Directors, the Presidcm or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any at.racy-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17t~ day of February, 1993. "Resolved, that the siglmture of the President or any Executive, Senior or Group Vice President end the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signatm~ of the Secre~'y or an Assiatant Secretary and the seal of the Company may be affixed by facsimile to any certificate of ally such power and any power or certificate beating such facsimile signature and seal shall be valid end binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attashed, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is mede and execmed pursuant to and by authority of the following By-Law du~y adopted by the Board of Directors of the Company. "Article VI--Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys-in-fect, subject to the limitations set forth in their respective ~rtificates of authority, shall have full power ~o bind the Company by their signature and execution of any such inatnunents and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Bored of Directors of the Company at a meeting duly called mul held on the 17t~ day of Fchruary, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affcxed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is a~ached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time m time, appoint, by written certificates, Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undetlakings and other obligatory instruments of like nature. Such Attorney-in-Fact, subject to the limitations set forth in their respective certificates of anthority, shall have full power to bind the Corporation by their signature and execimon of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vine President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey-in-Faat.' This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17t~ day of February, 1993. "RESOLVED: That the signature of the president, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney ga'anted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation."