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Gateway BP(2.3)-CS031202MAINTENANCE BOND Bond No. 71SBI03563580BEYi KNOW ALL MEN BY THESE PRESENTS: THAT, TRI DAL UTILITIES, LTD., 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 in the sum of TWELVE THOUSAND SlX HUNDRED SEVENTY FIVE AND 00/100 Dollars ($ 12,675.00),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 contract dated October 19, 2000 with Hill & Wilkinson, Ltd for PUBLIC WATER AND PUBLIC SANITARY SEWER FOR GATEWAY BUSINESS PARK, LOT 2, BLOCK A, 555 DIVIDEND DRIVE, COPPELL, TX 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 acceptance of said work and; NOW, THEREFORE, if the said Principal shall for a period of two (2) years from and after the date of acceptance 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; othe~wvise, to remain in full force and effect. SIGNED, SEALED AND DATED this 16th day of May,2001. TRI DAL UTILITIES, LTD Principal TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Surety PAl }I,INE L LI:,SCIt, Attomcydn-Fact IMPORTANT NOTICE To obtain information or make 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. O. 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 the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. TRAVELF CASUALTY AND SURETY COMPAIh~ OF £RICA T, ELERS CASUALTY AND SURETY COMPA... FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183°9062 TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS Naperville, Illinois 60563-8458 POWER OF ATTO1KNE¥ 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, wit~n the area there designated the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemmty, and other 'axitings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and ail 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 Attornev(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 Chairmen, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, eny Second Vice President, the Treasurer, any Ass stant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for end on behalf of the company and may give such appointee such authority as i-ds or her certificate of authority may prescribe to sign w/th the Company's name and seal x~th the Compeny's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature ora bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at eny time may remove any such appointee end revoke the power given him or her. VOTED: That the Chairman, the President, eny Vice Chairmen, any Executive Vice President, eny Senior Vice President or any Vice President may delegate all or any part of the foreeoing authorir,, to one or more officers or emplmees or' this Company, provided that each such delegation is in writing and a copy thereof is filed in-the office oft~e Secretary. ' VOTED: That any bond. recognizence, contract of indemnity, or writing obligatory in the nature of a bond. recognlzence, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President. any Vice Chairman. any Executive Vice President. eny Senior Vice President or any Vice President. any Second Vice President. the Treasurer. eny Assistant Treasurer. the Corporate Secretary or any Assistant Secretary and duly attested end sealed w/th the Company's seal by a Secretary or Assistant Secret&w. 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 xt~tten 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 follo`.~ing officers: President. eny Executive Vice President. any Senior Vice President. eny Vice President. any Assistant Vice President. eny Secretary. eny Assistant Secretmy. and the seal of the Company may be affixed by facsimile to any power of attorney or to eny certificate relating thereto appointing Resident Vice Presidents. Resident Assistant Secretm-ies or Attorneys-in-Fact fo~ purposes only of executing and attesting bonds end undertakings and other vcritings obligatory in the nature thereof, end any such power of attorney or ccrtificate beaning such facsimile signature or facsUnile seal shall be valid end binding upon the Compeny and any such power so executed en~ certified by such facsLmile signature and facsimile seal shall be valid end binding upon the Company in the future ..v/th respect to eny bond or undertaking to which it is attached. (8-97) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPA~NY, FAILMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLE~OIS have caused this instrument to be signed by their Senior Vice President, and their corporate seals to be hereto affixed this 10th day of January, 2000 STATE OF CONNECTICUT TRA~;ELERS CASUALTY AND SI~qEETY CO.%[PA~NY OF A~IERICA }SS. Hartford TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD TRAVELERS CASUALTY a~ND CVm~'TV C~r~,~rr, ~ -.r~, c,,v ~ , George W. lhompson Senior Vice President On this 10th day of Januaw, 2000 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FAR3ILNGTON CASUALTY COM-PANY and TRAVELERS CASUALTY AND SURETY CO~EPANY OF II. LINOIS, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrun~cnt on behalf of the corporations b) authorit) of his/her office under the Standing Resolutions thereof. My commission expires June 30, 2001 Notary Public Marie C. Tetreault CERTI]rlCATE I. the undersigned. Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA. TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Coanecticut. and TRAVELERS CASUALTY AND SURETY COMPANY OF II. LINOIS. stock corporation of the State of Illinois. DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 1 6~h. da)' of Hay, 2001. Kori M. Johanson Assistant Secretary, Bond MAINTENANCE BOND Bond No. /46BCSA08805 STATE OF TEXAS } COUNTY OF DA~ I,AS } KNOW Al.l. MEN BY TltF..~E PRI~IENTS: THAT Hill & Wilkinson, Ltd. as Principal, Hartford Fire Insurance Company , a corporation organized mxier the laws of Connecticut , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay umo the City of Coppell a Municipal Corporation, Texas, the sum of Two Thousand Five' Hundred ............................... Dollars and no/lOO ............ Cents ($ 2,500.00 ........... 9 , for the payment of which sum will and n'uly be made unto said city of Coppell, Texas , 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 Hill & Wilkinson, Ltd. has ~is day emered into City of Coppell, Texas Two entrances, Gateway 1 Office, a written contract with the said to build and construct Coppel 1, Texas which contract and the plans City of Coppell1 Texas were written and embodied hereto. and specifications therein mentioned, adopted by the are hereby expressly made a part thereof as through the same WHEREA~, under the plans, specifications, and contract, it is provided thor the Contractor will main)din and keep in good repai~, the work herein contzacled to be done and pefforme~, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary retmim and/or reconstnL-~on in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the consnmction or any part thereof or any of the accessories thereto constructed by the Contractor. It being und~tood 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 suxeties on this obli.~ation, and the said Contractor and sureties hexeon shall he subject to the liquidation damages me.tioned in said contract for each day's failure on its' part to comply with the terms of said Maintenance Bond Page 1 of 2 provisions of said contract. Now, therefore, if the said Contractor shall keep and perform its' said agreement to mainmln said work and keep the same ia repair for the said maiatenance 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 perfonmance of ill' contract to so maintain and repair said work, then these presents shall have full force and effect, and said City of Coppell, Texas shah have alld receive from the said Contractor and ill' principai and sureties damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing one against the principal arut sureties, hereon, a~d 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 shMI continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected from ally cause during said time. IN WI~S WltEREOF, the said Hill & Wilkinson, Ltd. has caused these presents m be executed by and the said ~l~rtford Fire insurance Company has caused these presents to be executed by its Attorney in fact and the said Attorney in fact Cheryl A. Brodaski , has hereunto set his hard, the tSth day of May , 20 Ol PRINCIPAL SURETY Hill & Wilkinson, Ltd. Hartford Fire Insurance Company Cheryl.. Brodaski Title: Attorney-in Fact WITNESS: ATTEST: NOTE.- Date of Maintenance Bond must not be prior to date of Contract. Maintenance Bond Page 2 of 2