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RC Townhomes-CS050628 (2)COPPEIJL June 28, 2005 Jason R. Rose Coppell Townhomes, LLC 410 Spinnaker Drive Allen TX 75013 RE: Riverchase Townhomes Addition Dear Mr. Rose: 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. Maturity on the Erosion Control Bond (if applicable) will also be two years from the date of this letter. You may notify the MS4 (City of Coppell) at any time during the two-year maintenance period if stabilization of the site per the SWPPP pemxit can be demonstrated. If so, complete and submit a Notice of Termination (NOT) 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: Ken Griffin, P.E., Dir. of Engineering & Public Works Keith Marvin, P.E., Civil Engineer Glenn Hollowell, P.E., Asst. Director of Public Works Greg Jones, Chief Building Official Tim Oates, Fire Marshal Jennifer Armstrong, Finance Director Donald S. Peebles, P.E. --.. MAINTENANCE BOND Bond fls6330BP STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: THAT Coppell Townhomes, L.L.C. and Developers Surety and Indemnity Company as Principal. , a corporation organized under the laws of Iowa , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Coppell a Municipal Corporation, Texas, the sum of Sixty two thousand one hundred twenty-eight Dollars and o (zero) Cents ($ 62,128.00 will and truly be made unto said City of Coppell ) , for the payment of which sum , and its successors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. TillS obligation is conditioned; Coppell Townhomes L.L.C. has this day entered Coppell Townhomes, L.L.C. Street Paving for Bethel School Court which contract and the plans and specifications therein mentioned, adopted by the City of Coppell are hereby expressly made a part thereof as through the same were written and embodied herein. however, that whereas, the said into a written contract to with the said build and construct WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairs and/or reconstruction in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Contractor. It being understood 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 sureties on this obligation, and the said Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said contract for each day's failure on its' part to comply with the terms of said Maintenance Bond Page 10f2 ~ provisions of said contract. Now, therefore, if the said Contractor shall keep and perform its I said agreement to maintain said work and keep the same in repair for the said maintenance 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 performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said Coppell Townhomes, L. L. C. shall have and receive from the said Contractor and its' principal and sureties damages in the premises, as provided; and it is further agreed that this Obligation shall be a continuing one against the principal and sureties, hereon, and 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 shall continue throughout said maintenance period. and the same shall not be changed, diminished or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said Coppell Townhomes, L.L.C. caused these presents to be executed by and the said Developers Surety and Indemnity Company be executed by its Attorney in fact and the Jack M. Crowley has hereunto set his hand, June ,20 05 has has caused these presents to said Attorney in fact the 20 th day of PRINCIPAL SURETY By: I'?~ '- ~ Zl~' By: Coppell Townhomes, L.L.C. Title: '" b .., iJ (C' /7 WITNESS: ~ESj': 0 ~. "--~~~~~ NOT& Date of Mo;"tenance Bond 01"" "ot be prioe to dote of Co"teod. ~G.- . ' . . -0 Maintenance Bond Page 2 of2 -. No. 0004782 ICW GROUP Power of Attorney Insurance Company of the \Vest The I<;xplorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN I3Y THESE PRESENTS: 'nut Insurance Company of the West, a Corporation duly organized under the laws of the State of California, 'Ille Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of l' ex as, (collectively referred to as the "Companies"), do hereby appoint .JACK 1\1. CROWLEY, PATRICIA A. SMITH AND ROBERT W. PURDIN their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalfofthe Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. ~~'~ '~~' .~ "~ u/ ~ <t;:'" vc?-rol/~':.. 't '" ~ .... % o ,. '" (; \~ it SEAL n ~ '<' ... -< l~~! JIZ-~ INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John H. Craig, Assistant Secretary John L. Hannum, Executive Vice President State of Califomia } ss. County of San Diego On December 5,2003, before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and Jolm H. Craig, personally known to me to be the persons whose names are subscribed to the within instnnnent, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. WItness my hand and official seal. I.'~~) MARY COBB 1 ( r- ," .....~"'. COMM. #1321341 (1 u . . . .', NOTARY PUBlIC.CAL ifORNIA III III .4 SAN DIEGO CQUN1Y n I '~.. My CommiSSIon EXPir~ .... -- SEPTEMBER 20.2005 - . . ~ ~ .... - - \-hevu... ~b6 (') ,-..-....... Mary Cobb, Notary Public RESOLUTIONS 111is Power of Attorney is granted and is signed, sealed and notarized with facsimile signatmes and seals under authority of the following resolutions adopted by the respecti ve Boards of Directors of each of the Companies: "RESOL VED: 111at the President, an Executive or Senior. Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behal f of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOL VED FURTHER: 'Illat the signatures of the officers making the appointment, and the signature of any officer certi fying the validity and current status of tile appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. 11,e facsimile representations referred to herein may be affixed by stamping. printing, typing, or photocopying. " CER T!FICA TE I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attomey is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors oftlle Companies, and are now in filII force. IN WITNESS WHEREOF, I have set my hand this 20th day of June 2005 ~~ John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attomey you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attomey Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Gruup, I 1455 EI Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. """ SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 512-732-0099 Bond No.4347454 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we Quantum ContractinQ, Inc. as Principal, and SureTec Insurance Company, a corporation organized under the laws of the State of Texas, and duly authorized to do business in the State of Texas as Surety, are held and firmly bound unto City of Coppell. Texas as Obligee, in the penal sum of Seventy One Thousand Seven Hundred Ninety Four and 54/100 ($71.794.54) to which payment well and truly to be made we do bind ourselves, and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal has entered into a contract with JH Rose Development Company dated October 8.2004 for Utility Work at Riverschase Townhomes, which contract is hereinafter referred to as the "Contract." WHEREAS, said Obligee requires that the Principal furnish a bond conditioned to guarantee for the period of Two year (s) after substantial completion of the work performed under the Contract against all defects in workmanship and materials which would have been the responsibility under the Contract for which written notice is made to Surety during said period NOW THEREFORE, THE CONDITIONS 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 may become apparent and with respect to which notice is delivered to Surety in writing during the period of Two year (s) from and after date of substantial completion of the work under the Contract, then this obligation shall be void, otherwise to remain in full force and effect. No right of action shall accrue hereunder to or for the benefit of any person or entity other the Obligee named herein, nor shall any suit be filed or action maintained on this bond more than twenty five (25) months after the date of the earliest timely notice of defect by Obligee to Surety. SIGNED, SEALED AND DATED THIS 13th day of June, 2005. By: SureTec Insurance Company Rev. 11.11.2003 Please see the attached Rider for important notices and coverage information " SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099 You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO 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 Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ------------------------------------------------------------------------------------------------------------------------------ Important Notice Regarding Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: SureTec Insurance Company, U. S. Specialty Insurance Company, and any other company that is added to SureTec Insurance Company for which surety business is underwritten by SureTec Insurance Company ("Issuing Sureties"). The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached document. ---------------------------------------------------------------------------------------------------------------------------- Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. Rev 11.11.03 -' . /;,....--... , ..~\ (__~i SureTec LIMITED PO\VER OF ATTORNEY KnolV All Mm by These Presents. ThaI SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas. and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Richard W. Daiker, Jerry Kiker, Tony Fierro, Luke Krawietz, Johnny Moss of Rockwall , Texas its true and lawful AUorney(s}-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does 'not exceed' Five Million Dollars and no/l00 dollars ($ 5,000,000.00 ) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President: sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureT ec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vcsted with full power and authority to appoint anyone or more suitable persons as Attorney(s}-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attome)'-in-F'act may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, rccognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instrumcnts so executed by any such Atto\1ley-in-Fact shall be binding upon the Company as if signed by the President and scaled and effected by the Corporate Se\:fcttlry. Be if Resolved. that the signature of allY authorized oflicer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or ccrtificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attachcd. (Adopted at a meeting held on 20th of April, 1999.) /11 Witlless Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto alTixed this 13th day of December, A.D. 2004. Corporate Seal SURETECINSURANCECOMPANY -&j!;, //61 ~. --; ( ,. John Knox, Jr., Presidertt By: State of Texas Coullly of Harris ss: On this 13th day of December A.D. 2004 before me personally came John Knox. Jr., to me known, who, being by me duly sworn. did depose and say, that he resides in HOllston, Texas. that he is President of SURETEC INSURANCE COMPANY. the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thercto by likc order. Notary Scal -:..0- -:.;. l;i~;::-;; ~,~~:\ \'/~':;'3;:;./ ~ f\\,~ Rhonda McCary, Notary Public My commission expires September II, 2006 I, Richard W. Sauer, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true amI COITect copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthennore, the resolutions of the Board of Directors, set out in the Power or Attomey irc in full force and effect. 3'1A.,-r- In Witness Whereof, I have hereunto set my hand and affixed the sr:al of said Company at Houston. Texas this *L day of Jt;/)~~.20~, A.D. Corporate Seal 'ik' ,~r ! -1.... I -:.t ,j' ..1.<<<../ ~;;is~"n~~;Y .,~J *This date must be the same as the date of execl/lion of the attached instrument.