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DR0301-CN050531CONSENT OF OWN :R [] SURETY COMPANY ARCHITECT [] TO FINAL PAYMENTr., CONTRACTOR [] SURETY [] AIA DOCUMENT 6707 ' ~"~ ~,~x'-.M OTHER Bond No. PRF8744328 PROJECT: (name, address) TO (Owner) [ [ CONTRACTOR: '/Construction of Shadow Ridge Estates Retaining Wall --Project- #DR 03-01, Bid No. Q-0204-02 Coppell, Texas City of Coppell ] ARCHITECT'S PROJECT NO: 255 Parkway Blvd. Coppell, TX 75019 CONTRACT FOR: Construction ] CONTRACT DATE: May 21, 2004 Craig Olden, Inc. 661 E. Shahan Prairie Road Little Elm, TX 75068 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) Colonial American Casualty and Surety Company 12222 Merit Drive #700 Dallas, TX 75251 , SURETY COMPANY, on bond of (here insert name and address of Contractor) Craig Olden, Inc. 661 E. Shahan Prairie Road Little Elm, TX 75068 , CONTRACTOR, hereby approves of the final payment to the Contractors, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) City of Coppell 255 Parkway Blvd. Coppell, TX 75019 ,OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 27th day of July , 2004 Colonial American Casualty and Surety Company Surety Company Signature of Authorized Representative Attest: (Seal): i _.?' ~)"(l ' TitlePatricia Bar[lett Attorney-In-Fact NOTE: This form is to be u~ed Js ~ co~panimt document to AIA DOCUMENT 6706, CONTRACTOR S ~ ', Currenl Edition AIA DOCUMENT 6707 * CONSENT OF SURETY COMPANY TO FINAL PAYMENT · APRIL 1970 EDII ION · AIA® ONE PAGE © 1970 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 New York Ave, NW, WASHINGTON, DC 20006 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, ROGERS, Vice President, and T. E. SMITH, of the By-Laws of said Companies, which are set forth on the reverse and effect on the date hereof, does hereby nominate, Don HURfiT, Patricia BARTLETT, Ray WEBER, all of Dallas, Texas, for. and on its undertakir purposes, as if the in Baltimore~ 7 PAUL C. Article VL Section 2. in lhll force seal and deliver, s and undertakings EXCEPT bonds on behalf of Guardians. and the execution of such bonds or as binding upon said Companies, as fully and amply, to all intents and ,' elected officers of the Company at its office This power of attorney revokes that issued on behalf of Sam J. MULL1S. JR.. John W. NEWBY, R. Don HURST, Patricia BARTLETT. Julie HOGUE. Ray WATSON, Carol GOODENOUGH, Debbie SMITH, dated February 21,2003. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY O[3 MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. this 7th day of October, A.D. 2003. ATTEST: State of Maryland /ss: City ol Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY l~ E. Smith Assistant SecretatT Paul C. Rogers Vice President On this 7th day of October, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly cotrmfissioned and qualified, came PAUL C. ROGERS, 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, severally 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 is the Corporate Seals of said Compmfies. and that the said Corporate Seals and their 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, 1 have hereunto set my hand and affixed my Official Seal the day and year first above written. Derails R. Hayden NoraO, Public My Commission Expires: February 1, 2005 POA-F 168-0016A EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, a~eements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents~ Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies~ contracts, agremnents, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2. of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President. Secretary. or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any po~ver of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." 1N TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 27th day of July 2004