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Deer Run-CS001115FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Ho~ae OFFiCeS: BALTIMORE, MD 21203 BOND NO. MNT8529302 Maintenance Bond KNOW ALL MEN BY THESE PRESENTS, that we ............ _G_I_.L_C..O....C_0._N.T__I_I_I_I_I_I_I_I_I3~__C..T.I_._N.G..a__IN__C__.. ............... .............................................................................................................................. hereinafter called Principal, as Principal, and_._C_O_L_O.Q.N..!_tkI,._A~t~.gL~_A_IL.CP~5.11AL.T.E_&_~.~MP~ ................. a corporation of the State of Maryland, Baltimore, Maryland, hereinafter called Surety, as Surety, are held and firmly bound unto ......... _C.I__T~___0_F...C._.0_P_.P._EL_~L, TE...X~._S. .................................................................... here'mafter called Obligee in the sum of_.Q.n_e_.H_.u_n_d~r.g.~_.~_i_.n_e.t~.e..n %ho_l!~_~n4, E~-g.hl:_!~_.O_~.l_Q0_~---_~_-_-_- .................................................................. ( ~_1.1. 9_ ~. 0_0_8. ,_3_8. .-z i.~ -_}.. DOLLARS, lawful money of the United States of America, to be paid to the said Obligee, or its successors or assigns, to the payment of which sum well and truly to be made, we do bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this .......... __6_t_h. ........................ day of. .... .J_u_n.e. ................................ 200_0__, RH of Texas, LP WHEREAS, the Principal entered into a contract with lt'~t, galiR~lt~ dated___N__o__v__~.~lb__e__r.__l__l_,____l_i9~__ ............... for ...... _D_e_e_~ _ _ _R_u_n_ _ _P_a_ y~ Bg ............................................................................... WHEREAS, the Obligee requires that these presents be executed on or before the final completion and acceptance of said contract and WHEREAS, said contract was completed and accepted on the ........................ day of. ....................... NOW, THEREFORE, THE C~NDITION OF THIS OBLIGATION IS SUCH, that if the Prin(lpal shall remedy, ~vithout cost to the Obligee, any defects which may develop during a period of___ two .{,~}_y.~_ar__s ................. from the date of completion and acceptance of the work performed under the contract, caused by defective or inferior materials or workmanship, then this obligation shall be void; otherwise it shall be and remain in full force and effect. ..............GI~NTRACTING~NC . * Principal [] FIDELITY AND DEPOSIT COMPANY OF MARYLAND [] COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Tam-- =a X ray, 6.pt n-hra t Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Me, land, by W. B. WALBRECHER, Vice-President, and T. E. SMITH, Assismm Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Charles D. Sweeney, Bobby E. Mayo, Tamara E. Murray and Kyle W. Sweeney, all of Forth Worth, Texas, EACH its tree and lawful agent and Anomey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings EXCEPT bonds on behalf of Independent Executors, Community Survivors and Commumity Guardians; shall be as binding upon said Companies, ~ fully and amply, to all intents and elected officers of the respective Companies at their offices in Baltimore of Charles D. Sweeney, etal, dated July 24, 1997. The said Assistant Seereta~' does hereby certify that the extract set t By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said FIDELITY AND DEPOSIT COMPANY OF February, A.D. 1998. ATTEST: 7~ E. Smith or under.kings in pursuance &these presents, ~ executed and acknowledged by the regularly ~ revokes that issued on behalf ~ of Article VI, Section 2, of the respective. Seals of the said ~ASUALTY AND SURETY COMPANY, this 1 lth day of HARYLAND W. B. Walbrecher Vice-President O 7~ E. Smith State of Maryland ~ ss: County of Baltin~ By: COMPANY gE B. Walbrecher Vice-President On this 1 lth day of Februa~, A.D. 1998, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. WALBRECHER, Vice-President and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same. and being by me duly sworn, sevaralty and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and tl~ir signatures as such officers were duly affixed and subscribed to the said 'instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my band and affixed my Official Seal the day and year first above written. *ar°l~v]~O~Si/on Expires: August l, 90N°~ry b' CERTIFICATE 1, thc undersigned, Assistant Secreta~ of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SUR. ETY COMPANY, do hereby certify that thc original Power of Attorney of which thc foregoing is a full. true and correct copy, is in full force and effect on thc date of this certificate; and I do further certify that thc Vice-Prealdcnt who executed thc said Power of At. racy was one of thc additional Vice-Presidents specially authorized by thc Board of Directors to appoint any Attorney-in-Fact es provided in Article VI, Section 2. of the respective By-Laws of thc FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Powcr of Attorney and Certificate may be slgncd by facsimile under and by authority of the following resolution of the Board of Directors of thc FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of thc Board of Dircctors &the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That thc facsimile or mechanically reproduced seal of thc company and facsimile or mechanically reproduced signature of any Vice-President. Secreta~, or Assistant Secrcta~ of thc Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of aRomcy issued by thc Company. shall be valid and binding upon thc Company with the samc force and cffcct as though manually affixed." IN TESTIMONY WHEREOF. I have bereunto subsctibcd my name and affixed thc corporate seals of thc said Companies, this 6ch day of June 2000 Assistant Secretary L1428-168-2682 MAINTENANCE BOND Bond. No S800-4811 Amount $210~827.50 Know All Men By These Presents That we, Legend Construction, Inc. (hereinafter called the Principal), as Principal, and Northland Insurance Company, St. Paul, MN, a corporation duly organized under the laws of thc State of Minnesota, (hereinafter called the Surety), as Surety, are held and firmly bound unto thc City of Coooell, TX (hereinafter called the Obligee), in the sum of Two hundred ten thousand eight hundred twenty seven and 50/100 Dollars ($210,827.50), for the payment of which we, thc said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 30th day of May, A.D. two thousand and 00. Whereas the said Principal has heretofore entered into a contract with said 0bligee dated the 30th day of November, 1999 for Excavation, Water Main Improvements, Sanitar~ Sewer Improvements and Storm Drainage Improvements - Deer Run - Coppell, Texas; and Whereas, the said Principal is required to guarantee the work listed above installed under said contract, against all defects in materials or workmanship, which may develop during the period. Now, therefore, the condition of this obligation is such, that if the principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period Two years from date of completion and acceptance - normal wear and tear excepted or shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. Legend Construction, Inc. David' C'-~ney, President -/ Northlan, d Insuranc~nfpany NORTHLAND INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That the NORTHLAND INSURANCE COMPANY, a corporation organized under the laws of the State of Minnesota, does hereby appoint W. LAWRENCE BROWN, TRACY TUCKER AND TOBIN TUCKER= EACH IN THEIR SEPARATE CAPACITY its tree and lawful Attomey(s)-in-Fact tO sign, execu, te, seal, and deliver on its behalf a? S~u.rsty, anY and al! bonds and und.erta?ngs, recognizances, contracts of indemnity and other writing obligatory in the nature thereof, which are or may be al~owed, re~ttnraCl, or perrrflffed by law, statute, rule, regulation, contract or othen~lae, and the execution of ?uch i.nst.rum.e?t!s) !n pu?uance Of these...__ presents, shall be as b nd ng uPon the said Northland Insurance Company as fully an~ amply, I[o aa in~n[s ena purposes, as ;T me same has been d~Jty executed and acknowledged by its president and its principal office. Thta Power of Attorney shall be limltad In amount to $5,500,000 for any single obligation. This appointment is made under and by authority Of the following resolution adopted by the Board of Directors of said Company on this 1 '~ day of March 1996 which reso~ is still in effect: "RESOLVED, that the president or any vice president be hereby authorized, and empowered to appoint Attorneys-in-Fact ~ affix the corpOrate seal; and execute on behalf of Company, bonds, poticisa, undertakings, or other instruments of similar nature, which shall be binding upon the Company as if they had duly executed and acknowledged by the regularly elected officers of the Company; FURTHER RESOLVED, that said officers may rename any such Attorneys-in-Fact and revoke any Power of Attorney previo~Jsiy granted to such person.' NORTHLAND INSURANCE COMPANY STATE OF MINNESOTA ) COUNTY OF DAKOTA ) On this 6~n day of December 1999, before me personally came Daniel J. Zaborsky, to ma known, who being by ma duly sworn, did depose and say that he is the executive vice president Of NORTHLAND INSURANCE COMPANY, the corporation, that the seal affixed to the said instmmant is such corporate seal; that is was so affixed by order of the Board of Directors of said corporation and that he signed his named thereto by like order. ~K~san C. Watterson, Notary Public My Commission Expires: January 31, 2000 · I, the undersigned, vice president of NORTHLAND INSURANCE COMPANY, e corporation, DO HERE. BY_ CE~. T.IFY th.at the f~.o? g and attached Power of Attorney remains in full force and has not been revoked; and fudhermom that the Resolution of ;ne t~oam or Directors, set forth in the said Power of AttOrney, is now in force. Signed and sealed at the City of Mendote Haights, intheStateofMinnesota, datedthe 30thdayof t4a,¥ , 2000~ PROSUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ~CY.~R AGENCY. INC. HOLDER. THIS CE~IFICATE DOES NOT AMEND, ~END OR P.o. BOX 2285 AL~R THE COVE~GE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVE~GE FORT WOR~, ~ 76113 ~MPANY (8~7) 336 8520 ~ V~LEY FORGE INS~CE COMP~ INSURED ~MPA~ D I THiS IS TO CERTI~ T~T THE POLICIES OF INSU~NCE USTED BEL~ ~VE BEEN I~UED TO THE INSURED ~MED ABOVE FOR THE POLICY PERIOD INDICATED, NO~ITHSTANDING A~ REQUIREMENT, TERM OR CONDmON OF A~ CON.CT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE ~Y BE ISSUED OR ~Y PERTAIN, THE INSU~NCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SU~ECT TO ALL THE TERMS, ~CLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN ~Y ~VE BEEN REDUCED BY PAID C~IMS. [C~MS~DE ~UR PER~NAL&~VINJURY $ 1,000,000 ~ER'S & ~NT~CTOR'S ~ ~CH ~URRENCE $ 1,000,000 ANY AUTO O~ER ~AN AUTO ONLY: / ~ ~ :::::::::::::::::::::