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Villas at LV-CS051107COP?ELL November 7, 2005 Daniel Heischman Dowdey, Anderson & Associates 5225 Village Creek Dr, Suite 200 Plano TX 75093 RE: Villas at Lake Vista, Phase 1, Final Acceptance Dear Mr. Heischman: 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. As noted in the November 2, 2005 letter from Wakeland Properties, the perimeter sidewalk will be constructed on a schedule that allows for completion a~ter the screening wall is flmshed. 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 permit 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. Sincerely, ~x Construction Inspector Office Phone: (972) 304-7090 Fax: (972) 304-3570 Keith R. Marvin, P.E. Assistant City Engineer CC: Ken Griffin, P.E., Dir. of Engineering & Public Works Glem~ Hollowell, P.E., Asst. Director of Public Works Greg Jones, Chief Building Official Tim Oates, Fire Marshal Mark Wakeland, Wakeland Properties fax 972-931-5156 Rodney Louviere, Dowdey, Anderson fax 972-931-6787 ¢O~_P~E L_.__~ 255 PARKWAY * PO.BOX 9478 * COPPELL TX 75019 * TEL 972/z362 0022 W FAX 97;2/304 3673 . , CNA o ORIGINAL Bond No. 929379804 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we 1. H. Lacy Company, Ltd. as Principal, and National Fire Insurance Company of Hartford as Surety are held and firmly bound unto City of Coppell, Texas as Obligee, in the penal sum of Two Hundred Fifteen Thousand, Eight Hundred Ninety-three & 71/100 Dollars ($ 215,893.71 ) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a contract with WPC 2004Coppell, 1.P. February 11, 2005 , for da ted Paving Improvements, Villas at Lake Vista Phase I WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of two (2) year(s) after date of acceptance of said job by the owner, against all defects in workmanship and materials which may become apparent during said period, and NOW, THEREFORE, THE CONDITION 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 period of two (2) year(s) after date of acceptance of said job by the owner, then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED November 9, 2005 (105.; (L.S.) E INSURANCE COMPANY OF HARTFORD Form 1-3210-A ~ LL-6l ~ 10 Vickie Byus " (1.S.) Attorney-in-Fact POWER OF AT'Y'''RNEY APPOINTING INDIVIDUAL ATT"-'''NEY-IN-FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation (herein called "the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint David G Miclette, Samuel F Bowen, Edward G Britt, Jr, Barry K McCord, Kristi Lovett, Vickie Byus, Robert C Davis, Kristy Knapp, Individually of Houston, TX, their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 6th day of October, 2005. Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania State of Illinois, County of Cook, ss: On this 6th day of October, 2005, before me personally came Michael Gengler to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. ....................... : .OFFICIAl SEAL. : : MARIA M. MEDINA : . NotOf\' Public. StMe of IlIInola . : My COlMlllIion ~ 3115/01 : ....................... My Commission Expires March 15,2009 ~ 'nt.Yn..~ Maria M. Medina Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 9th day of November , 2005 . Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania a~ Assistant Secretary Form F6853-11/2001 /"' . SURETY State of Texas Claim Notice Endorsement In accordance with Section 2253.021 (f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822-5000 . SURETY CNA Surety 333 South Wabash Chicago, IL 60604 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by anyone or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA., The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 r-- riJ S A FEe oe MAINTENANCE BOND SAFECO Insurance Company PO Box 34526 Seattle. WA 98124-1526 Bond 6376528 KNOW ALL BY THESE PRESENTS, That we, Cullum Construction Company, Inc. as Principal, and SAFECO INSURANCE COMPANY OF AMERICA a corporation organized under the laws of the State of Washington and duly authorized to do business in the State of Texas , as Surety, are held and firmly bound unto The City of Coppell, Texas as Obligee, in the penal sum of $245,445.18 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ($ $245,445.18 ) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the dated The City of Coppell, Texas for Water, Sewage & Drainage to erve Villas at Lake Vista, Phase 1 WHEREAS, said Contract has been completed, and was approved on day of NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that the work will be free of any defective materials or workmanship which became apparent during the period of Two (2) year(s) following completion of the Contract then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. Signed and sealed this rXOJL dayof S-0843/SAEF10/99 (Seal) (Seal) (Seal) Attorney-in-Fact @A registered trademark of SAFECO Corporation FRP -- F;3 S A FEe o~ POWER OF A TIORNEY !l,FECO INSURANCE COMPANY OF AMERICA dENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTlE, WASHINGTON 98185 No. 3318 KNOW ALL BY THESE PRESENTS: . That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint *****************DA VID O. TURNER; HARRY J. BROWNLEE; STEVEN W. POND; STEVEN A GUCKENHEIMER; MICHAEL DWIGHT WILLIAMS; LINDA SPRATT; JEFFER:fI- 11tE~;])wlas, Texas************************************************************************************************************************* its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 24th day of May , 1999 J:!R U'.-e? ~ ~~~ R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." . Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (Hi) Certifying that said power-of-attorney appointment is in full force and effect, the signature ofthe certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, 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 Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this c10-11v day of {)clohc.L/ ,c;(~. .k:R U'.-e? ~ RA. PIERSON, SECRETARY S-0974/SAEF 7/98 ~ Registered trademark of SAFECO Corporation. 5/24/99 PDF ~ ~ S A FEe 0" Siata..oilexas--8uret}'-B.oncLClai.m.Notic.e In accordance with Section 2253.021 (f) of the Texas Government Code and. Section 53.202(6) of the Texas Property Code, any notice of claim to the named surety under this bond(s) should be sent to: SAFECO Surety Adams Building 4634154th PL NE Redmond, WA 98052 Mailing Address: SAFECO Surety PO Box 34754 Seattle, WA 98124 Phone: (425) 376-6535 Fax: (425) 376-6533. WVv'W.SAFEC6.com ~- EXHIBIT A IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America, General Insurance Company of America, First National Insurance Company, American States Insur- ance Company or American Economy Insurance Companyl, it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to .surety insurancew. This means that under certain circumstances we may be eligible for reimbursement of certain surety bond losses by the United States government"under a formula established by this Act. - Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of any bonds issued for your account, the underlying agreements guaranteed by those bonds, any statutes governing the terms of those bonds or any generally applicable rules of law. At this time there is no premium change to any of your bonds resulting from this Act. o 0 Dated: February 24, 200J J ..--. 2814 INDUSTRIAL LN GARLAND, TX 75041 TEL (972) 271-9333 ~ \. L 0 ~~~ \(~i ~~&;t' #tOc1"O P.O. BOX 550489 DALLAS, TX 75355-0489 FAX (972) 271-4881 WPC 2004 COPPELL, L.P. c/o WAKELAND PROPERTIES 17480 DALLAS PARKWAY, STE 217 DALLAS, TX 75287 OCTOBER 25, 2005 ESTIMATE # 3 & FINAL JOB # 1667 WATER, SEWER & DRAINAGE TO SERVE VILLAS AT LAKE VISTA, PHASE ONE COPPELL, TEXAS CONTRACT WORK WORK ITEM UNIT BID MONTHLY TOTAL QUANTITY THIS MONTH TO DATE AMOUNT AMOUNT WATER - CITY OF COPPELL -- 3,342.00 0.00 3,342.00 -LF- 8" PVC DR 14 15.55 0.00 51,968.10 1.00 0.00 1.00 -EA- CUT-IN 12"x8" TEE & 12" MAIN VAL 4,550.00 0.00 4,550.00 16.00 0.00 16.00 -EA- 8" GATE VALVE 620.00 0.00 9,920.00 7.00 0.00 7.00 -EA- 6" GATE VALVE 435.00 0.00 3,045.00 7.00 0.00 7.00 -EA- FIRE HYDRANT w/6" LEAD 1,780.00 0.00 12,460.00 2.60 0.00 2.60 -TN- C.!. FITTINGS -1,800.00 0.00 4,680.00 95.00 0.00 95.00 -EA-1" WATER SERVICE (1" SETTER) 610.00 0.00 57,950.00 5.00 0.00 5.00 -EA- 2" IRRIGATION SERVICE 1,200.00 0.00 6,000.00 1.00 0.00 1.00 -EA- CONNECT TO EXISTING WATER 350.00 0.00 350.00 120.00 0.00 130.00 -LF- DRY BORE w/14" CASING 175.00 0.00 22,750.00 300.00 0.00 300.00 -LF- 4" IRRIGATION SLEEVE 9.25 0.00 2,775.00 100.00 0.00 100.00 -LF- 2-4" IRRIGATION SLEEVE 12.35 0.00 1,235.00 3,342.00 0.00 3,342.00 -LF- WATER TEST 0.40 0.00 1,336.80 TOTAL WATER - CITY OF COPPELL 0.00 179,019.90 SEWER 1,289.00 0.00 1,289.00 -LF- 15" PVC SEWER 27.60 0.00 35,576.40 652.00 0.00 652.00 -LF-12" PVC SEWER 21.40 0.00 13,952.80 427.00 0.00 427.00 -LF-10" PVC SEWER 18.40 0.00 7,856.80 443.00 0.00 443.00 -LF- 8" PVC SEWER 16.35 0.00 7,243.05 2.00 0.00 2.00 -EA- 5' STD. MANHOLE 4,025.00 0.00 8,050.00 7.00 0.00 7.00 -EA- 4' STD. MANHOLE 1,900.00 0.00 13,300.00 1.00 0.00 1.00 -EA- CONNECT TO EX. MANHOLE 1,350.00 0.00 1,350.00 94.00 0.00 94.00 -EA- 4" SEWER SERVICES w/CLEANOUl 428.00 0.00 40,232.00 60.00 0.00 60.00 -LF- CONCRETE ENCASEMENT 21.30 0.00 1,278.00 1.00 0.00 1.00 -EA- ABANDON EX. MANHOLE 350.00 0.00 350.00 137.00 0.00 137.00 -LF- DRY BORE w/20" CASING 242.00 0.00 33,154.00 2,811.00 0.00 2,811.00 -LF- TRENCH SAFETY 0.10 0.00 281.10 2,811.00 0.00 2,811.00 -LF- TEST & T V SEWER 1.10 0.00 3,092.10 TOTAL SEWER 0.00 165,716.25 Serving the Finest Developments Since 1918 ~ 2814 INDUSTRIAL LN GARLAND, TX 75041 TEL (972) 271-9333 \) \. L <I ~~" n~..~~ ,'. o .. \(~ 0 1- u .t'~~, ~ 'tOC1',O P.O. BOX 550489 DALLAS, TX 75355-0489 FAX (972) 271-4881 WPC 2004 COPPELL, L.P. c/o WAKELAND PROPERTIES 17480 DALLAS PARKWAY, STE 217 DALLAS, TX 75287 OCTOBER 25, 2005 ESTIMATE # 3 & FINAL JOB # 1667 WATER, SEWER & DRAINAGE TO SERVE VILLAS AT LAKE VISTA, PHASE ONE COPPELL, TEXAS CONTRACT WORK WORK ITEM UNIT BID MONTHLY TOTAL QUANTITY THIS MONTH TO DATE AMOUNT AMOUNT DRAINAGE - CITY OF COPPELL -- 54.00 0.00 54.00 -LF- 36" RCP 77.50 0.00 4,185.00 88.00 0.00 88.00 -LF- 30" RCP 61.00 0.00 5,368.00 335.00 0.00 335.00 -LF- 27" RCP 52.00 0.00 17,420.00 488.00 0.00 488.00 -LF- 24" RCP 46.50 0.00 22,692.00 770.00 0.00 770.00 -LF- 21" RCP 40.75 0.00 31,377.50 312.00 0.00 312.00 -LF- 18" RCP 36.00 0.00 11,232.00 9.00 4.50 9.00 -EA- 10' CURB INLET 2,125.00 9,562.50 19,125.00 2.00 1.00 2.00 -EA- 8' CURB INLET 1,950.00 1,950.00 3,900.00 1.00 0.50 1.00 -EA- 2-8' MOD. CURB INLET 3,500.00 1,750.00 3,500.00 1.00 0.50 1.00 -EA- 6' MOD. CURB INLET 2,025.00 1,012.50 2,025.00 1.00 0.50 1.00 -EA- 4-GRATE COMBO INLET 3,450.00 1,725.00 3,450.00 2.00 1.00 2.00 -EA- 3-GRATE COMBO INLET 3,025.00 3,025.00 6,050.00 1.00 0.50 1.00 -EA- 2-GRATE COMBO INLET 2,500.00 1,250.00 2,500.00 1.00 0.00 1.00 -EA- TYPE "A" STORM MANHOLE 2,825.00 0.00 2,825.00 1.00 0.00 1.00 -EA- 3'x 3' DROP INLET 1,900.00 0.00 1,900.00 1.00 0.00 1.00 -EA- 4'x 4' DROP INLET 2,000.00 0.00 2,000.00 2,047.00 0.00 2,047.00 -LF- TRENCH SAFETY 0.10 0.00 204.70 TOTAL DRAINAGE - CITY OF COPPELL 20,275.00 139,754.20 1.00 1.00 1.00 -LS- 2-YEAR 50% BOND (COPPELL) 6,400.00 6,400.00 6,400.00 TOTAL WATER, SANITARY SEWER, 26,675.00 490,890.35 & STORM SEWER TOTAL JOB TO DATE 26,675.00 490,890.35 PLUS RETAINAGE 46,421.54 TOTAL AMOUNT DUE 73,096.54 490,890.35 LESS AMOUNT PREVIOUSLY PAID 417,793.81 AMOUNT DUE THIS ESTIMATE 73,096.54 73,096.54 Serving the Finest Developments Since 1918