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Coppell Comm 1R3-CS041213T H E ~ C 1 T Y ~ O F COPPELL 0 s December 13, 2004 Jason Elms, P.E. Jones & Carter, Inc. 3030LBJ Frwy, Ste 910 Dallas TX 75234 RE: Coppell Commerce Center, Lot IR Block 3 (Royal Park) Final Acceptance Dear Mr. Elms: 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. You may notify the MS IV (City of Coppell) at any time during the two-year maintenance period if stabilization of the site per the SWPPP permit can be demonstrated. If so, complete and submit an NOT (Notice of Termination) to discontinue coverage under the SWPPP permit. A follow-up inspection of the facilities will be conducted prior to the lapse of the two-year bond period. If any punchlist items are noted at that time, you will be contacted to make repairs. Thanks for your cooperation. Office Phone: (972) 304-3684 Fax: (972) 304-3570 cc: ~n Griffin, P.E., Director of Engineering & Public Works Keith Marvin, P.E., Civil Engineer Gletm Hollowell, P.E., Assistant Director of Public Works Greg Jones, Chief Building Official Tim Oates, Fire Marshal Jake Fulmer, PCI Construction Rick Stull, McFadden & Miller 255 PANK WqV * P.O.BO% 9476 * COPPELL T% J5019 * TEL 9~2/4F2 0022 * FAX 92/304 3673 l ~~ ~. p~ flfl/f~fVnV Bond No. 46BCSCT3099 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we, McFadden & Miller, Ltd., 11350 Luna Road, Dallas, TX 75229, as Principal, and HARTFORD FIRE INSURANCE COMPANY, a Corporation organized under the laws of the State of Connecticut and duly authorized to do business in the State of Texas as Surety, are held and firmly bound unto City of Coppell, P. O. Box 478, Coppell, TX 75019, as Obligee, in the penal sum of **Nine Thousand and No/100** (*$9,000.00*) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally firmly by these presents. WHEREAS, the said Principal has caused to be constructed: Four (4) Driveway Approaches -Royal Park, 850 Freeport Parkway, Coppell, TX WHEREAS, said Obligee requires that the Principal furnish a bond conditioned to guarantee for the period of two (2) year(s) after final acceptance by City of Coppell, against all defects in workmanship and materials which may become apparent during said period, and WHEREAS, the said contract has been completed, and was approved on the day of 20_ NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of two (2) year(s) from and after final acceptance by City of Coppell then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 29th day of October, 2004. ~ \ -~ i , Principal HARTFOI~I FIRE INSURANCE COMPANY Sheryl A. Klutts, Atl~kney-in-Fale~ Surety MAINTENANCE BOND Bond No. 2047965 KNOW ALL MEN BY THESE PRESENTS, That we, PCI Construction, Inc., P.O. Box 2967, McKinney, Tx 7so7o (hereinafter called the "Principals as Principal, and the North American Specialty Insurance Comuanv , a corporation duly organized under the laws of the State of New Hampshire and duty licensed to transact business in the State of Texas (hereinafter called the "Surety7, as Surety are held and finely bound unto City of Coppell, Texas (hereinafter called the "Obligee"), in the SUm Of Twenty-Two Thousand Seven Hundred Twenty-Nine And No/100ths - - - - - - - - - - - - - ($ 22,729.00 )for the payment of which are well and truly to be made, we, the said Principal and the said Surety, bind oursehres, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and sealed this 8th day of October , _2nn4 THE CONDITION OF THIS OBLIGATION is such, that WHEREAS, the said Principal has heretofore entered into a contract with McFadden & Miller Royal Park, 850 Freeport Pkwy, Coppell, Texas - Apri126, 2004 ,for Water, Sanitary and Storm Sewer Improvements dated 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 2 years from date of completion and acceptance, normal wear and tear excepted. NOW THEREFORE, if the said Principal shall indemnify 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 mil'dary, naval ar usurped power, insurrection, riot or civil commotion, nor any act of God. ft is further understood and agreed that the total liability of the surety under this bond shall in no event @XCeed th@ SUm Of _ Twenty-Two Thousand Seven Hundred Twenty-Nine And No/100ths - - - - - - - - - - - - DOIIarS. No right of action shall accrue 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 named. PCI Construction, Inc. North American Specialty Insurance Company Principal Surety Patricia Bartlett AttOmey-in-Fact IMPORTANT NOTICE In order to Obtain Information or Make a Complaint: You may call Washington International Insurance Company andlor North American Specialty Insurance Company at the following toll-free number: 800/338-0753 or You may write to them at the following address: Washington International Insurance Company NAS Surety Group 1200 Arlington Heights Road #400 Itasca, IL 60143 You may also contact the Teaas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 8001252-3439 You may write the Teaas Department of Insurance at the following address: P O Boz 149104 Austin, TX 78714-9104 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 International Insurance Company, a corporation organized and existing under the taws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: SAM J. MULLS, JR., JOHN W. NEWBY, R. DON HURST, PATRICIA BARTLETT, JULIE STORM, RAY WATSON, CAROL GOODENOUGH and KRYSTAL L. WEBER, jointly or severally Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its 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 are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking er 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 Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24's of March, 2000: "RESOLVED, that any two of the President, any Executive 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 :o execute a Power of .Attorney qualifying the attontey named in the given Powel• 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 Attorney 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 Attorney 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." `\,~v\t0`ALJTY j ri iii '' ~ ~\) ~ ~ ,.+a'.'t~nn~"'+p, ~ N+~ . Q : • • a y. G~PP~r G y _ R.~~ 4+y, U. BY ~ '~G~.. $ s ~' SEAL `: n ~,~ttTj~ tp73 :~` ~~3 ~r. Paul D. Amstutz, President & Chief Executive Olricer of Washington Intcrnetional Insurance Company 3c Vlce Preslden[of NortA Amerkan Specialty Insurance Company :~ ~~~~~ ~"- S~ $I:AL ~~ ~: : ~~ ~ lUd20Mii %y .HAMPS b a 1\\0 ~~J~ / ~`` /HhIIt171P B .. L r rq.~n,nu~s'v Steven P. Anderson, Executive Vice President of Washington International insurance Company & Vice President or North American Specialty Insurance Company [N WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 29 day of September 20 03 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 29 day of September , 20 03 ,before me, a Notary Public personally appeared Paul D. Amstutz ,President and CEO of Washington Intemational Insurance Company and Vice President of North American Specialty Insurance Company and Steven P. Anderson , Executive Vice President of Washington Intemational Insurance Company and Vice President of North 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 instmment to be the voluntary act and deed of their respective companies. arrtoMrttiluit. Q - ~aa'~~ «arwr ~~pk~ ~°0~i0N~ °L'0' Yasmin A. Patel, Notary Public I, James A. Carpenter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International 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 _ day of , 20 ~--~~- James A. Carpenter, Vice Praidrnt & Assistant Secretary of Washington International Insuran~<Company & Assistant Secretary of Nonh American Specialty Insurance Company POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE ENDORSEMENT Coverage for acts of terrorism as defined in § 102(1) of the Terrorism Risk Insurance Act of 2002 ("the Act") is already included in this surety bond. You should know that, effective November 26, 2002, under your existing coverage, any losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The portion of your annual premium that is attributable to coverage for acts of terrorism is ~0. As your insurance/surety company we are sending you this notice to comply with the Terrorism Risk Insurance Act of 2002. For questions regarding this notice please visit our website www.nassurety.com or you may call our office at 630- 227- 4825. REV: 2/03 agent notice