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Sandy Lk Addn L3-CS051128coPP-ELL November 28, 2005 Keith M. Hamilton, P.E. Hamilton Consulting, Inc. 601 Harwood Rd Hurst, TX 76054 RE: Sandy Lake Addition, Lot 3 Block A (Dr. McAnelly) Final Acceptance Dear Mr. Hamilton: The improvements in the above referenced project were inspected during construction by the City of Coppell Engineering Departmem and were installed according to plans and our specifications governing such work. As of October 19, 2005, the facilities are accepted subject to the two-year maintenance agreement. Thank you for your cooperation during this construction, and if I can be of further service, please contact me at (972) 304-3685. Sincerely, Construction Inspector Office Phone: (972) 304-3685 Fax: (972) 304-3570 CC: Ken Griffin, P.E., Director of Engineering & Public Works Keith Marvin, P.E., Asst. City Engineer Glenn Hollowell, P.E., Asst. Director of Public Works Oreg Jones, Chief Building Official Tim Oates, Interim Fire Chief George McAnelly, M.D. Louise Halprin, Structures & Interiors " SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 512-732-0099 Bond No. 4349596 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we Bear Creek Construction, Ltd. 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 ofCoppell as Obligee, in the penal sum of TEN THOUSAND FIVE HUNDRED AND ( $10,500.00 ) 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 City ofCoppell dated November 15, 2004 for Dr. McAnelly Office Complex, Coppell, Texas contract is hereinafter referred to as the "Contract." , which WHEREAS, said Obligee requires that the Principal furnish a bond conditioned to guarantee for the period of 2 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 2 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 19th day of October 2005 Bear Creek Construction, Ltd. Principal BY:~~ SureTec Insurance mpany , "- BY:~~a'~ Debbie Smith ,Attorney-in-Fact Rev. 11.11.2003 Please see the attached Rider for important notices and coverage information ----- POA#: 4221123 SureTec Insurance Company LIMITED POWER OF ATTORNEY KIIOW All Mell by These Presellts, That 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 Michele Degnon, Kae Gibbons, John D. Fulkerson, Dennis Dowd, Tom P. Ellis, III Donnie D. Doan, Debbie Smith of Dallas Texas its true and lawful Attomey(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 and no/IOO 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 shall continue in force until Mav 31 , 2007 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved. that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Sccrctary shall be and is hereby vested with full power arid 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: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to exccutc, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documcnts canceling or terminating the Company's liability thcrcunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and scaled and effected by the Corporate Secretary. Be it Resolved. that the signature of any authorized officer 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 certificate 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 attached. (Adopted at a meeting held on 20'h of April, /999) '. III Witlless Whereof, SURETEC INSURANCE COMP ANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. ;:Pl1\\tf.IllUI'IJfIlI!1r: /. \l!\ANC~ ..>."'.........._.~~ ,...~. ..(l Jt/ "f.. -'Y'\~ ,...;1 .~ wiw l~i a:1 ~ !~' ~\,...J. ..../ :I .....;.. ..../ I."""",IW~ On this 20th day of June, A.D. 2005 before me personally came Bill King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, 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 sueh corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. By: State of Texas County of Harris ss: e Mi==V * ~ * State of Tea 'f Mv CommIssIon ExpIres ~Of~ August 27. 2008 M~I~N~ My commission expires August 27, 2008 I, M. Brent Beaty, Assistant Secretary ofSURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Dircctors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 1 ~ t~ day of ry Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. SureTec Insurance Company Required Notices Rider 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. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Dr. McAnelly Office Public Improvements