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Cambridge Phase 1-CS 941220STATE OF Texas COUNTY OF Dallas THAT WE, Burkaz~ Utility Contractors, L.C. as Principal, hereinafter called "Contractor," and the other subscriber h~reto as Surety, do hereby acknowledge ourselves to be held and firmly bound to City of Coppell, TX , in the sum of One Hundred Eighty Thousand & **************************************************** ($ 180,000.00'***** ) Do] ]ars for the payment of which s~n well and truly to be made to the said Obligee and its successors, the said Contractor and Surety do bind th~nselves, their successors and assigns jointly and several ]y. The conditions of this obligation are such that: WHEREAS, the said Contractor has entered into a contract with City of Coppell for: Estates of C~nbridge Manor all such work to be done as set out in full in said contract and the plans and specifica- tions therein referred to, N~W, THEREFORE, if the said Contractor sba] ] repair, replace and restore any and all defects in, or d~mages, to said work occasioned by, and resulting with/n two (2) years frcm and after the day of the acceptance of said work frc~ defects in material s furnished by, or workmanskip of the Contractor, in performing the work covered by said contract, then th/s obligation shall beccme null and void; othe_~wise to in ~:]] force and effect. SIGNED, sealed and dated this Attes~e~A~)~ 20th day of December ,_ 19 94 . BUPJfARD UTILITY CONTRACTORS, L.C. HIGHLANDS UNDERWRITERS INSURANCE C~4PANY Lisa M. Bonnot ~o~ney-in - fact HIGHLANDS UNDERWRITERS INSURANCE COMPANY HOUSTON, TEXAS GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Highlands Underwriters Insurance Company, a corporation duly incorporated under the laws of the State of Texas, doth hereby constitute and appoint Ruth Goodenough. Holly Hart, K. R. Harvey, Lisa M. Bonnet, Lisa M. Bertolasio. Jointly or Severa]l¥ of the City of Dal] as , State of Texas , to be its true and lawful attorney~in-fact for the following purposes, to-wit: To sign its name as surety, and to execute, seal and acknowledge any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of the same, and to respectively do and perform any and all acts and things set forth in the appended resolution of the Board of Directors of the said Highlands Underwriters Insurance Company; provided, that the penal sum of no single one of such bonds, recognizances, obligations, stipulations or undertakings shall exceed the sum of Unl imi ted Dollars ($ Unlimited ); the Company hereby ratifying and confirming all and whatsoever the said attorney-in-fact may lawfully do in the premises by virtue of these presents, but reserving to itself full power of substitution and revocation. IN WITNESS WHEREOF, the said Highlands Underwriters Insurance Company, pursuant to a resolution passed by its Board of Directors, at a meeting held on the 29th day of July, A.D., 1974, a certified copy of which is hereto annexed, has caused these presents to be sealed with its corporate seal duly attested by the signature of its President, Senior Vice Presidents, Vice Presidents, Assistant Vice Presidents and Secretary or Assistant Secretaries this 10th day of June . A.D. 19 94 ~ ,.~ ~ HIGHLANDS UNDERWRITERS INSURANCE COMPANY · , _ By Assnst~ht Secreta y Assistant Vice President STATE OF TEXAS COUNTY OF HARRIS CITY OF HOUSTON On this lOth day of June in the year 19 94 before me personally came Ri chard Westbrook to me known, who, being by me duly sworn, did depose and say: That he resides in Houston, Texas; that he is Assistant Vice President of the Highlands Underwriters Insurance Company, the corporation described in and which executed the above instrument; that he knows the Seal of said corporation; that the Seal affixed to said instrument is such corporation Seal; that it was affixed to such instrument by and under authority conferred by the Board of Directors of said corporation; and that he signed his name thereto by like authority. ~ ['~ Notary Pul~ic, Sta~e of Texas ~ C~is~n ~pires 0~3~ Notary Pub~f Texas RESOLUTION RESOLVED, that this Company hereby does authorize and empower its President or any one of its Senior Vice Presidents, Vice Presidents, or Assistant Vice Presidents in conjunction with any one of its Secretaries or any of its Assistant Secretaries. under its corporate seal, to execute and deliver power of attorney or to appoint any person or persons as attorney-in-fact or attorneys- in-fact, or agent or agents of this Company, in its name and as its act, to execute and deliver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed; and, in its name and as its attorney-in-fact or attorneys-in-fact, or agent or agents, to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities, whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation or undertaking, or anything in the nature of the same; the nature, class or extent of the instruments so authorized to be specified in such power of attorney. FURTHER RESOLVED, That the signature of any of the persons described in the foregoing resolution, and the seal of the Company may be affixed by facsimile, and the signature of a certifying officer and the seal of the Company may be affixed by facsimile to any certificate of any power of attorney, and any such power of attorney bearing such facsimile signature and seal shall be valid and binding on the Company. I, R.S. Ashton, Assistant Secretary of HIGHLANDS UNDERWRITERS INSURANCE COMPANY, do hereby CERTIFY that the foregoing is a true copy of a resolution duly adopted by the Board of Directors of said company at a meeting of the Board held on the 29th day of July, A.D., 1974, at which time a quorum was present and acting throughout, and that said resolution has not been subsequently rescinded or modified. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of Highlands Underwriters Insurance Company, this lOth day of Ouml~ , A.D. 19 94 Assistant Secretary STATE OF TEXAS COUNTY OF HARRIS I, R. S. Ashton, Assistant Secretary of Highlands Underwriters Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Highlands Underwriters Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company in the City of Houston, Texas, this 20th day of A.D. 19 94 Assistant Secretary