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Freeport NIP(7.5)-CS011005October 5, 2001 Jeff Langston Duke -Weeks Realty 5495 Belt Line Rd., Suite 360 Dallas, TX 75240 RE: Freeport IX Final Acceptance Dear Jeff: T H E •C 1 T Y 0 F COPPELL A S 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 the contractor. Maturity on the bonds will be two years from the date of this letter. cc: Ken Griffin, Director of Engineering Rhonda Brothers, Engineering Secretary Glenn Hollowell, Director of Public Works Greg Jones, Chief Building Official Travis Crump, Fire Marshal 255 PARKWAY t P.O. BOX 479 COPPELL TX 75019 f TEL 972/462 0022 FAX 972/304 3673 KNOW ALL MEN BY THESE PRESENTS: THAT, TRI DAL UTILITIES. LTD., 540 COMMERCE ST.. SOUTHLAKE. TX 76092, as Principal and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a Corporation duly authorized to transact general surety business in the State of Texas, as Surety, are held and firmly bound unto CITY OF COPPELL 255 PARKWAY BOULEVARD. COPPELL. TX 75019, hereinafter called the "Obligee in the sum of NINETEEN THOUSAND FIFTY FIVE AND 00 /100 Dollars 19.055,00 ),lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT: WHEREAS, the Principal entered into a written agreement with Butler Construction, Inc. dated June 6, 2001 for PUBLIC WATER SANITARY SEWER FOR FREEPORT DC, 540 FREEPORT PARKWAY,COPPELL, TX 75019 and; WHEREAS, the said Principal is required to post a bond to protect the said Obligee against the result of faulty material or workmanship for a period of two (2) years from and after the date of substantial completion of said work and; NOW, THEREFORE, if the said Principal shall for a period of two (2) years from the date of substantial completion of said work, replace any and all defects arising in said work, whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise, to remain in full force and effect. SIGNED, SEALED AND DATED this 2nd day of October 2001. TRI DAL UTILITIES. LTD. Principal By: !13.D- fi�Gc r,4, MAINTENANCE BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Surety By: Yaitic vc 1- L PAULINE L LESCH, Attorney -in -Fact Bond No. 71 SB 103679838 BCM Travelers'' IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty Surety Company of America, Travelers Casualty Surety Company, Travelers Indemnity Compay, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675 -3130 (267) 675 -3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714 -9104 (800) 252 -3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253 -021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. (8-97) TRAVELF 'ASUALTY AND SURETY COMPANY OF ERICA Tk. ELERS CASUALTY AND SURETY COMPAi. Y FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183 -9062 TRAVELERS CASUALTY AND SURETY COMPANY OF ILLLOIS Naperville, Illinois 60563 -8458 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) -IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of DuPage, State of Illinois, (hereinafter the "Companies hath made, constituted and appointed, and do by these presents make, constitute and appoint: Pauline L. Lesch, Clem F. Lesch, Gary Matula, Steven J. Zinecker or Beverly Webb of Lewisville, TX, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal wi th the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of' a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, Potter Concrete, Ltd., 4820 Gretna, Dallas, TX 75207 (hereinafter called the "Principal as Principal, and the Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut 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 One Thousand One Hundred and no /100 Dollars ($1,100.00) for the payment of which are 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, firmly by these presents. SIGNED and sealed this 28th day of September, 2001. THE CONDITION OF THIS OBLIGATION IS SUCH, that Bond No. 46BCSBF6429 WHEREAS, the said Principal has heretofore entered into a contract with Butler Construction dated June 22, 2001 for an approach at Freeport IX Building, 540 Freeport Parkway, Coppell, TX. WHEREAS, the Obligee has requested that said work be guaranteed against failure because of defective workmanship or material, performed or furnished by said Principal for a period of two (2) years from date of completion and acceptance, normal wear and tear excepted. NOW THEREFORE, if the said Principal shall indemnity and save harmless the Obligee against loss or damage occasioned directly by the failure of said materials or workmanship, then this obligation to be void, otherwise to remain in full force and effect. It is understood, however, that this bond shall not include loss or damage by failure of workmanship or materials due to hurricane, cyclone, tornado, earthquake, volcanic eruption or any similar disturbance of nature, nor military, naval or usurped power, insurrection, riot or civil commotion, nor any act of God. It is further understood and agreed that the total liability of the Surety under this bond shall in no event exceed the sum of One Thousand One Hundred and no /100 Dollars ($1,100.00). No right of action shall occur upon or by reason of this obligation, to or for the use or benefit of any person, firm or corporation, other than the Obligee herein na By: POTTER CONC R By: 1 HARTFORD FIRE INSURANCE COMPANY Michele Degnon, Attorney- irSFact x POWER 0 ATTORNEY Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company THE HARTFORD HARTFORD PLAZA HARTFORD, CONNECTICUT 06115 Twin City Fire Insurance Company Hartford Insurance Company of Illinois Hartford Insurance Company of the Midwest Hartford Insurance Company of the Southeast I KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company, Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies do hereby make, constitute and appoint, up to the amount of «DollarAmt or UNLIMITED”: UNLIMITED“ DENNIS DOWD, JOHN D. FULKERSON, KAE GIBBONS, BILL HENRY, DOYLE HIX, TOM P. ELLIS, III, DONNIE D. DOAN, MICHELE DEGNON, TRACY L. GINGRAS, MICHELE MARIE MARIANO, JAMES MICHAEL RUTLEDGE OF DALLAS, TEXAS their true and lawful Attorney(s) in Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT Hartford John P. Hyland, Assistant Vice President COUNTY or HARTFORD On this 19` day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. age 71 Jean H. Wozniak Notary Public My Commission Expires June 30, 2004 1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of September 28, 2001 Signed and sealed at the City of Hartford. Colleen Mastroianni, Assistant Vice President THE HARTFORD Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Please address inquiries regarding claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number Fax Underwriting Fax Claims E -mail Mailing Address 888 266 -3488 860 -547 -6672 860 -547 -8265 or 2092 claims 1 stepsurety.com Twin City Insurance Company Hartford Insurance Company of Illinois Hartford insurance Company of the Midwest Hartford Insurance Company of the Southeast The Hartford The Hartford Fidelity Bonding (BOND) Hartford Plaza 690 Asylum Avenue Hartford. CT 06115