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Eagle Point-CS 930922The City With A Beautiful Future P.O. Box 478 CoppeH, Texas 75019 214-462-0022 September 22, 1993 Mr. Jerry W. Ragsdale Republic Property Group, Inc. 8440 Walnut Hill Lane, 8th Floor Dallas, TX 75231 Re: Eagle Point Final Acceptance Dear Mr. Ragsdale: A final inspection of the above-referenced project has been confirmed by representatives of the City of Coppell subject to the various maintenance agreements. The drainage, utility and paving have been verified and are in compliance with the City of Coppell standard requirements. Erosion protection will also be maintained until bond expiration. The one-year maintenance bonds and as-built drawings have been received from the contractor. Maturity on the bonds will be one year from the date of this letter. Maturity on the Erosion Control Bond will be two years from this letter. Sincerel~~~___~ Larry Davis ~ Construction Inspector Rey Gonzales, Street Superintendent Howard Pafford, Water Superintendent Greg Jones, Building Official Clyde Murray, Murray Construction Mike Boney, Site Concrete Mike Daniel, Nathan Maier Inc. Doug Stevens, Engineering Technician file/ldavis/eglpt.acc - RAINTENANCE BOND KNOW ALL ~(EN BY THESE PRESENT~: THAT SITE CONCRETE~ INC. EAGLE INSURANCE COMPANY AS SURETY, CITY OF COPPELL TEXAS JUST SUM OF AS PRINCIPAL, AND ARE HELD AND FIRMLY BOUND UNTO AS OBLIGEE, tN THE FULL AND FIFTY EIGHT THOUSAND FOURTY AND 66/100 ............... ........................ DOLLARS ($58,040.66 7, LAWFUL MONEY OF THE UNITED STATES, TO THE PAYMENT OF WHICH SUM, WELL AND TRULY TO BE MADE, THE PRINCIPAL AND SURETY BIND THEMSELVES, THEIR AND EACH OF THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, JOINTLY AND SEVERALLY, FIRMLY BY THESE PRESENTS: WHEREA~, THE PRINCIPAL HAS ENTERED INTO A WRITTEN CONTRACT DATED MARCH 26TH 1992 WITH EAGLE POINT DEVELOPMENT, LTD C/O REPUBLIC PROPERTY GROUP FOR CONSTRUCTION OF EARTHWORK AND PAVING IMPROVEMENT TO EAGLE POINT VILLAGE AT RIVERCHASE IN COPPELL, TEXAS AND WHEREAS, SAID CONTRACT PROVIDES THAT THE PRINCIPAL WILL FURNISH A BOND CONDITIONED TO GUARANTEE FOR THE PERIOD OF ONE YEAR AFTER APPROVAL OF THE FINAL ESTIMATE ON SAID JOB, BY THE OWNER, AGAINST ALL DEFECTS IN WORKMANSHIP AND MATERIALS WHICH MAY BECOME APPARENT DURING SAID PERIOD. NOW, THEREFORE, THE CONDITIOM OF THIS OBLIGATION IS SUCH THAT, IF THE PRINCIPAL SHALL INDEMNIFY THE OBLIGEE FOR ALL LOSS THAT THE OBLIGEE MAY SUSTAIN BY REASON OF ANY DEFECTIVE MATERIALS OR WORKMANSHIP WHICH BECOME APPARENT DURING THE AFORESAID PERIOD, THEN THIS OBLIGATION SHALL BE VOID, OTHERWISE TO REMAIN IN FULL FORCE AND EFFECT. SIGNED, SEALED AND DATED THIS THE 30TH DAY OF MARCH , 1993. BY: BY: SITE CONCRETE, INC. (PRINCIPAL) EAGLE INSURANCE COMPA/~Y (SURETY) Y- I N-FACT E GLE INSURANCE COM,AN¥ 14607 SaD Pedro. SaD ADtonio. Texas 78232 BOND NO. SITE-506 GENERAL POWER OF ATTORNEY Know All Men By These Presents. Thai EAGI E iNSIIRANCE COMPANY i~as made. constituted and appointed. and by these presenls docs make. constitun: aud appoint FRED TilETFORD, RAY tlAWR~K, TOM YOUNG its true and lawlul attorney, lot it and ils name, place, and stead to execute on behalf gl Ihe said Company. as surety, bonds, underlakings and coflnacls gl suretyship 1o be given to ALL OBLIGEE$ provided that no bond or undertaking or contract gl surelyship executed under this aulhorily shall exceed in amount the sum o~ $500,000.00 This Power of AUomey is granted and is signed and sealed by lacsimile under and by Ihe aulhofity gl the following Resolution adopled by ti~e Board o[ DiI¢clorS OI tile Conlpany on the 20th day o[ June. 1991 FURTIIER RESOLVED. thai the signalu[es o[ such olticers and Ihe seal oI [he Company may be aUixcd Io any s,d~ Power gl ARomey m' to any In Witness Whereo[, EAGI.E INSURANCE COMPANY has caused its olliciaJ seal lo be heretmto affixed, and these presents to be signed by the ['resident and aitested by its Vice Presidents this 5Ih da), gl luJy. i991. EAGI.E INSURANCE COMPANY Anest: By: Y~O M Fo.rtiuet. Vice STATE OF TEXAS COUNTY OF BEXAR On this 5th day gl luly. 1990. belore me personally came Stephen C. Dahlbo. to me known, who being by duly sworn, did depose and say that bc is Pfcsidenl oJ Ihe EAGLE INSURANCE COMPANY, the corporalion dcscril)ed in and which cxcctllcd Ihe above Instiumenl; that he knows Ihe seal of thc said cofporaBon; thai thc seal alJixcd lo the said instrument l~ sudl corporalc seal; Ihal is was so affixed by order of the Board gl Directors o[ said corporaliofl and tl~at he signed his name hereto by like order 01-16-94 ~i~C~: ROBBINS NOTARY PI JUl lC, Slalc Of Texas Be xal' County Commission expires Jaimap/ 16, 1994 CERTIFICATE ,19 93 Signed and sealed al the Cily of San Anlonio. in the Stale of Texas. Dated the 30TH day½)l MARCH P~;I'I/~CIA J I IOWARI). Secrela~ L the undersigned. Secretary gl the EAGLE INSURANCE COMPANY. a Texas corporation. DO IIEREBY CERTIFY that the Ioregolng and attached Power of Allofney remains in lull Iorce and has not been revoked; and lurthc,nofc Il[at the gc~olulio, oJ the ~ard of D~eclo[s. set [o~11~ in ti~e ~Id Power el Attorney, is now in lo,ce. AFEC© ~SURANCE C0~IPANY OF AMERICA GENERAL I~SURANCE COMPANY OF AMERICA FIRST NATIONAL I~ISURANCE COMPANY OF AMERICA HOME OFFICE: SAFEC0 PLAZA SEATTLE, WASHlxlGTON 98185 Bond 5751545-0001 MAINTENANCE BOND KNOW ALL BY THESE PRESENTS. That we, MURRAY CONSTRUCTION CO. , INC. 515 North Kealy Ave., Lewisville, TX 75057 as Principal, and SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized under the laws of the State of Washington and duly authorized to do 'bnsin~ in the State of Texas as Surety, are held and firmly bound unto CITY OF COPPELL 255 Parkway Blvd., P. O. Box 478t Coppellf Texas 75019 as Oblil~ee, in the penal sum of FORTY THOUSAND TWO HUNDRED FORTY FIVE AND NO/100 ...... ............................................... ($ 40t245.00 ............... ), to which payment well and truly to be made we do hind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and s~verally, firmly by these presanls. WHEREAS, the said Principal entered into a Contract with ltm EAGLE POINT DEVELOPMENT, A TEXAS LIMITED PARTNERSHIP, ACTING THROUGH RPG/EP COMPANY, INC., ITS SOLE GENERAL PARTNER dated February 5t 1993 SANITARY SEWER, STORM DRAINAGE & WATER IMPROVEMENTS EAGLE POINT VILLAGE AT RIVERCHASE, COPPELL, TEXAS WHEREAS, said Contract has benn completed, and was approved on day of 19 ~)$ . NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall gnaraotea that the work will be frns of any defective materials or workmanship which become apparent during the period of One ( 1 ). year(s) following completion of the Contract then this obligation shall be void, oth~rwis~ to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extendod by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. Signed, sealed and dated this 7 th dayolSeptembe__r , 19 9~ MU~AY C~STRUQ~,~N CO. ,INC. (~eal) (S~l) SAFECO INSURANCE COMPANY OF AMERICA Attorney-in-Fact Pauline L. Lesch IMPORTANT NOTICE To obtain information or make a complaint: 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 resolved, you may contact the Texas Department of Insurance. A'I-rACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become condition of the attached document. a part or L® POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE:: SAFECO PLAZA SEATTLE. WASHINGTON 98185 Ne. 9021 That SAFECO INSURANCE COMPANY OF AMERICA. a Washington corporation, does hereby appoint · .......PAULINE L. LESCH; CLEM F. LESCH; DON E. CORNELL. Lewisville. its true and lawful attorney(si-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other docu"nents of a similar character issued by the c~mpany in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instrL~nents had been duly executed by its regularly elected officers at its he, ne office. IN WITNESS WHEREOF. SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 4th da/of January , 1993 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FOELITY AN[:) SURETY BC~DS . . . the President. ar~y Vice President. the Secretary. and any Assistant Vice President appointed for that purpose by the officer in charge of surety oberalions, shall each have authority fo appoint individuals as attorneys-in-fact or under other ~opro~iate titles with authority to execute c~ behalf of the cor~Dany fidelity and surety bonds and other docu'nents of similar character issued by the c~rnpany in the course of its business . . . On any instrument making or evidencing such appointment, the signatures ma/ be affixed by facsk~ite. On arN instr~nent conferring such authority or on any bocci or undertaking of the company, the seal. or a facsimile thereof, may be impressed or affixed or in an,/ other manner reproduced: provided, however. that the seal shall not be necessary to the validity of any such instrLrnenl or undertaking." Exlract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (ii The provisio~s of Article V. Section 13 of the By-Laws. and (ii) A COp,/ of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect. the signature of the certifying officer r~a/ be by facsimile, and the seal of the Coqqpany may be a facsimile thereof." I. R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA. do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of D~rectors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws. the Resolution and the Power of Atlorr~y are still in full force and effect. IN WITNESS WHEREOF. I have hereunto set rny hand and affixed the facsimile seal of said corporation this 71;h da/ of September . 19 ~3 - $-1300/EP 1193 ~) Registered tra0emarl~ of SAFECO Corporation. ~!'! ]~ hll:'ll Iq!.!1 ItlI..J... ~ r4 752:!';l. iird ~ i:d;, rE....A.:.. !!l l, ()i:: I1Elfl F:'I_AN E~]. 'Il ] ! S I0 LIN :[ '1 I ]LI I ~/I. Ei]~ I IJA I [~ F'R I CiE Ik] ])1~[ I ! F: ¢'i1";: I ! I!,J C:IFR K d ,')"CCJI',Ii AI..I..E~Y SY ']7]5 d715 ,17:I.',5. /:.,, ~::(~J(: !l! /I:,:IEM (]tll:':B/(~!'l I_1:::' ] 78 i I]~]lq(bE C)RDEF? I ,, K I!. I F:E:I,ICE L.F 5873 58'7E; $ I Ct I(IL.. L::!]MF'I_E1E $579 NET AblOI.INT' DUE LESS PREV PAYMENfS $215,499.. 3z