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Ashton Ridge-CS 961210LIBERTY BOND SERVICES MAINTENANCE BOND BondNumber. 22-001-449 KNOWALLMEN BYTHESE PRESENTS, thatwe, X[T PAV!NG AND CONSTRUCT[ON, [NC., P. O. BOX 495337, GARLAND, TEXAS 75049-5337 as Principal, (the 'Principal"), and Liberty Mutual Insurance Company, a mutual company duly organized under the laws o~ the CommonweaJth of Massachusetts, as Surety, (the 'Surety"),. are held and firmly bound unto CITY OF COPPELL, P. 0. BOX 478, COPPELL, TEXAS 750'19 as Obliges (the "Obliges'), in t~e penal sum of **FORTY-E[GHT THOUSAND, THREE HUNDRED TH[RTY-0NE AND ********************************************************** Dollars ($ **'48,331.42'*** ), for the payment of which sum well and t~Jly to be made, the Principal a~d the Surety, bind ourselves, our heirs, executors, administ,,ators, succe~ors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principa~ has by written agreement dated JULY 26 ~ _, 19 96 , entered into a contract (the 'Contract") with the Obliges for STREET PAVING IN ASHTON RIDGE, COPPELL, TEXAS which contract is by reterence made a part hereof. NOW, THEREFORE, the condition of this obligation is such that if the Principal shall remedy without cost to the Obliges any. defect which may develop during a. period of 2 year(s) from the date of completion and acceptance of the work performed under the Contract provided such defects ars caused by defective or inferior materials or workmanship, then this obligation shall be null and void; otherwise it shall be and remain in full f. orce and effect. PROVIDED AND SUBJECT TO THE CONDiTIONS PRECEDENT, that any ctaims must be presented in writing to Libe,l'/ Mutual Insurance Company to the a~antlon of Liberty Bond Services, Claim Department, 600 W, Germantown Pike, Plymouth Meeting, PA 19462. DATED as of this lOTH day of DECEMBER 19 ?.6 WITNESS/A'i-I'EST: XIT PAVIN~ A~D CONSTRUCTION~ INC. (SeaO 'hue: PRESIDENT ",../ LIBERTY MUTUAL INSURANCE COMPANY (Seal) ~ m e y.lr~-"Fact / SHERYL A. KLLFTTS L~JS'5300 Rev. 10/95 TI;IlS PO~ER OF ATTORNEY IS NOT V~"-~D UNLESS IT IS PRINTED ON RED BACKGF~'"IND. 273730 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETrS POWER OF A'I'rORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint, JOHN A. MILLER, SHERYL A. KLUTTS, JOHN A. MILLER, II, ALL OF THE CITY OF FORT WORTH, STATE OF TEXAS , each individually if there be more than one named~ its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its -- __ behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding l'Wl=N'r~.Fiv[= Mil i I{3N*~*******~'***~**********,,*~k* DOLLARS ($ 25 000,000 *'~*** each, and the execution of such bonds or undertakings, in pursuance of these presents, she be as bndng upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer or other official of the company authorized for that purpose in wdting by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. IN W~TNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 21st day of APril 19 95 LIBERTY MUTUAL INSURANCE COMPANY Garnet W. Elliot1. Assistant Secreta~/ COMMONWEALTH O~: PENNSYLVANIA COUNTY OF MONTGOMERY ss On this 21st day of April , A.D. 19 95 . before me, a Notary Public, personally came the individual, known to me to be the therein desk.dual and officer of Liberty Mutual ~nsurance Company who executed the preceding instrument and he acknowled- ged that he executed~h~'~art~ a~ .~.the seal affixed to the said preceding instrument is the corporate seal of said company; and that said corporate seal and his signatu? ?~S~O~L .~,was duly affixed and subscribed to the said instrument by authority and direction of the said company. IN TESTIMO~Jy:WHEREoF'I;~e~.t~II~p- "' ~' '- -' ~' ~--~' set my hand and affix my off ca sea at P ymou~ Meeting P~ the..~ay and year first above written :-/ Notary Public ~ -. · ~. .... CERTiFiCATE I, the undersigne~-~.~s~i~'~ta~¥ ~C~:;tary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of whch he foregoing is a full, true and cbrTe~cT~opy, is in full force and effect on the date of this certificate; and I do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney-in-fact as provided in Article XVI, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a cettified copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as //,) though manually affixed. IN~ER E I have hereun, 19~.bscribed my name and /~ day of affixed the corporate seal of the said company, this . Assistant Secretary\ ' \ THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY SOND WITH AN INCEPTION DATE AFTER June 30 , t9 97 IMPORTANT NOTICE To obtain information or make a complaint: You may call the company's toll-free telephone number for Information or to make a complaint at You may contact the Texas Department of Insurance to obtain Information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance P.O. 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 agent or the company first. If the dispute is not resok, ed, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener Informaclon o para somater una queJa: Usted puede Ilamar al numero de telefono gratis de la companla para Informaclon o para somater una queJa el Puede comunicarse con el Departamento de Seguros de Texas para obtener Informaclon acerca de companlas, cobertures, derechos o queJas al 1-800-252-3439 Puede escriblr al Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 DISPUTAS SOBRE PRIMAS O RECLAMOS: SI tiene una dlsputa concemiente a su prima o a un reclamo, debe comunicarse con el agente o la companla pdmero. SI co se resuelve la dlsputa, puede entonces comunlcarse con el Departamento de Seguros de Texas. UNA ESTE AVISO A SU POUZA: Este avlso es solo para proposito de Informaclon y no se convlerte en parte o condlcion del documento adjunto. Prescribed by the State Board of Insurance Ordensdo por el consejo Estatal de Directures de Effective May 1, 1992 Seguros, Effectivo el 1 de Mayo 1992