Loading...
Jack In The Box-CS011206 (2)Merchants Bonding Company 2100 FLEUR DRIVE ' DES MOINES, IOWA 50321-1158 MAINTENANCE BOND Bond No. TX .568025 KNOW ALL PERSONS BY THESE PRESENTS: That Farrier Concrete Construction of Southlake, TX as Principal, and the MERCHANTS BONDING COMPANY (MUTUAL) of Des Moines, Iowa as Surety, are held and flrmly bound unto the City of Coppell in the penal sum of Ten Thousand and 00/100 ....................... Dollars ($10,000.00'*** ) DOLLARS, lawful money of the United States of America, for the payment of which, 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. Signed and delivered this 30th dayof January 2001 WHEREAS, the Principal entered into a certain contract, dated the 6th day of October 2000 , with the Parkway Construction to furnish all the material and labor necessary for the construction of a decelleration lane at Denton Tap, 121 E. Vista Ridge Blvd, Coppell, TX co, 0415 (9me) in conformity with certain specifications; and WHEREAS, a further condition of said contract is that the Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a pedod of 2 years from the date of acceptance of the work under said contract; and WHEREAS, the above work has been comptsted and accepted and if not accepted will be automatically accepted upon the filing of this maintenance bond; and WHEREAS, the MERCHANTS BONDING COMPANY (MUTUAL) of Des Moines, Iowa for valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said obligee as aforesaid; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal does and shall, at the Principal's own cost and expense, remedy any and all defects that may develop in said work, within the period of 2 years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. Farrier Concrete Construction Princip~ MERCHANTS BONDING COMPANY (~UTUAL) 'Brenda Pratt Attorney in Fact · ' M chants Bonding Comsmny (MUTUAL) ~ ~ POWER OF ATTORNEY Know All Persons By T~ese Presents, that the MERCHANTS BONGING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Lynn Coot, J. D. Matthews, Brenda Pratt and/or Charles D. Sa~ons of Dallas and State of Texas its true and lawful Attorney-in-Fact, with foil power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: ONE MILLION ($1,000,000.00) DOLLARS and to bind the MERCHANTS BONGING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all such acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Atlorney is made and executed pursuant to and by authority of the following Amended Subsbtuted and Restated By-Laws adopted by the Board of Directors of the MERCHANTS BONGING COMPANY (MUTUAL) on October 3, lg92. ARTICLE II, SECTION 8. - The Chairman of the Board or President or any Vice President or Secretary shall have power and author- ity to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE ti, SECTION 9. - 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 deliveP/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. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its president and its corporate seal to be hereto affixed, this 1st day of January , 1998' .~: 1933 .,m. By · ....... STATE OF IOWA COUNTY OF POLK ss On this 1st day of Januarv , 1998 , before me appeared Larry Taytsr, to me personally known, who being by me duty sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed end sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal st the City of Des Moines, Iowa, the day and year first above written. · ~ : · ~ . Notary Public, Polk Coun~ Iowa : IOWA ! · 0 "..,....." ~' : STATE OF IOWA I, WiIliam Warner, Jr.. Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATtORNEY, executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in force and effect. In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on this 30thdayo, January ,2001 '."%"~"~'"'~.%.~\""~ ~'U .. ,%¥.. "-"-' .. :~ . :%.... Atlantic Alliance FIDELITY AND SURETY COMPANY 100 Dobbs Lane, Suite 204, Cherry Hill, NJ 08034 MAINTENANCE BOND Bond No. AA75000449 KNOW ALL MEN BY THESE PRESENTS, Mora Construction, Inc. as Principal, and ATLANTIC ALLIANCE FIDELITY AND SURETY COMPANY, authorized to do business in the State of Texas, as Surety, are held and firmly bound unto City of Coppell as Obligee, in the penal sum.of Forty Three Thousand Seven Hundred Ninety Nine and No Cents ($43,799.00) Dollars lawful money of the United States of America, for the payment of which and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Mora Construction, Inc. has made the following improvements to Jack in the Box - 121 Bypass and Denton Tap NOW THEREFORE, this bond guarantees against all defects in workmanship and materials related to the above stated improvements, during the period of TWO years from the date of acceptance. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall maintain, or have maintained, the areas herein described and shall hold the Obligee harmless from any loss, cost or damage by reason of its failure to complete said work, then this obligation shall be null and void; otherwise to remain in full force and effect. Any and ail claims must be submitted to Atlantic Alliance Fidelity and Surety Company prior to the expiration date of this bond. Signed, sealed and dated this 29th day of January, 2001. Witness or Attest: Mora Construction, Inc. Atlantic Alliance Fidelity and Surety Company Debi Moon , A~Forney-in-f~ct- Atlantic Alliance Mount Laurel, NJ POWER OF ATTORNEY No. 926949 KNOW ALL MEN BY THESE PRESENTS: That Atlantic Alliance Fidelity and Surety Company, a corporation organized and existing under the laws of the State ot New Jersey, does hereby constitute and appoint Steven L. Thomas * Alan Robinson * Debt Moon * Elvia Salazar its true and lawful attorney(s)-in-fact to execute, seal and deliver tot and on its behalf as surety, any and all bonds and undertakings, contracts ol indelnnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Atlantic Alliance Fidelity and Surety Company as fully and amply. to all intents and purposes, as it' the same had been duly executed and acknowledged by its regularly elected officers at the principal office. This Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IV, Section 3 of the By-Laws adopted by the Board ol Directors of Atlantic Alliance Fidelity and Surety Company at a meeting held on the 10th day of November 1998. The President. or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: (I) To appoint Attorney(s) in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, and (2) To revoke, at any time, any such Attorney in fact and ~ Further, this power of Attorney is signed and sealed b held on the 10th day of November 1998, adopted at a meeting duly called and RESOLVED that the signature of any authorized officer and the thereof authorizing the execution and delivery of any bond. u signature and seal when so used shall affixed by facsimile to any Power of Attorney or certification , and other writings obligatory in the nature therof; and such has caused this instrument to be signed and its January, 2000. SURETY COMPANY President i. Gall E. Latham, Secre ary of he At antic Alliance Fidelity and Surety Company, do hereby certil~ that the above and lbregoing is a true and correct copy of a Power of Attorney executed by ATLANTIC ALLIANCE FIDELITY AND SURETY COMPANY, which is still in full force and effect. IN WITNESS WHEREOF~ I have thereunto set my hand and attached the seal of said Company this 2~ day of J~l ~c~i~ 2{) 0] Gall E. Latham, Secretary WARNING: "This Power of Attorney is printed on safety paper with a blue background and red sequential numbering on the upper right ran er." ~/~ [mrs M. Ande~on, P[esident I1 the obligee has any question on the validity of this Power of Attorney. please call the Atlantic Alliance Home Office for verification (800) 795-5508. On this 3rd day of January 2000 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn, said that he is the therein described and authorized officer of the Atlantic Alliance Fidelity and Surety Company; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the Atlantic Alliance Fidelity and Surety Company offices the day and year first above written DARLEY J. LOWE ~ ~ Notary Public of New Jersey My Comlnission Expires October 13, 2(}03