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Freeport NIP(3)-CS 951219PUBLIC WORKS [ 1¢I.~.o~ [ ]  Coppell, Texas 75019 P.O. Box 478 Coppeil, Texas 75019 214-462-0022 December 18, 1995 Rob Ahmuty American Properties MEPC 15303 Dallas Parkway, Suite 100, LB-10 Dallas, Texas 75248 RE: Crafunade / MEPC Final Acceptance Dear Mr. Ahmuty: A final inspection of paving and utilities for the referenced project has been confm'ned by representatives of the City of CoppelL 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. Maturity on the Erosion Control Bond will also be two years from the date of this letter. Construction Inspector cc: Kenneth M. Griffin, P.E., Asst. City Manager/City Engineer Howard Pafford, Utilities Superintendent Per Birdsall, Interim Street Superintendent Greg Jones, Chief Building Official Jeff Jones, Fire Marshal Doug Stevens, Engineering Technician Arel Faith, McFadden & Miller Highland Fire Protection file/ldavis/crftmd.fin THAT ~H, ~land ~re P~otect~on Ca,any , a~ Principal and ":' ] ' ~ limits of the City of Coppell . a~d where ~he Code of ordinance~ of the City of' ' by Principal. Irving, Te~ 75038 Phone Humber) ~m~o~ ~^~ 8-31-96 ~o~,~ 0000520198 and +,o bind thc con'q~ny t~-~. th~cof authotizin8 the ~x~ution; and effect as ~ough manually affixcd. pcrson(s) acted, ex~uted the inmum~nt. '. R MAINTEN~ BOND BondNo. TX513176 KNOW ALLMENBYTHESEPRESENTS,~we PATCO UTILITIES~ INC., 1617 West Hwy. 303, Grand Prairie~ TX 75051 as Principal, and MERCHANTS BONDING COMPANY a Co~orafion organized under the laws of the State of IOWA and duly authorized to do busings in the S~te of TEXAS as Surly, are hdd and firmly bound unto CITY OF COPPELL, P. 0. Box 478 ~ C0ppell ~ TX 75051 as Obligae, inthepenal sum of ******TWENTY THOUSAND) FIVE HUNDRED FIFTY-SIX AND 90/100 **************************************************************************** to which pa~vment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and ~ssigns jointly and severally firmly by these presents. WHEREAS, the said Principal has caused to be construeted STORM DRAIN~ WATER AND SEWER FOR MPEC AMERICAN PROPERTIES. ROYAL LANE AND BETHAL SCHOOL RD., COPPELL, TX V~REAS, said Obligee requires that the Principal 5amish a bond conditioned to guarantee for the period o£ TWO ( 2 ) year(s) after approval efthe final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period, and WHEREAS, the said contract has been completed, and was approved on the day of _, 19__ NOW, TI-IEREFORE, 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 pefiod of TWO (2) year(s) from and after FINAL ACCEPTANCE BY OWNER then this obligation shall be void, other~Jseto remain in full force and ~' SIGNED, SEALED AND DATED this 22ND day of NOVEMBER ,19 95 m By: By: PATCO UTILITIES, INC. _~ Principal . MERCHANTS BONDING COMPANY urety SH~YL A. KLI(I~TS,-' 'A([ohey-In-"'~act Merchants Bonding Company (MUTUAL) POWER OF ATTORNEY Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint John A. Miller, Sheryl A. Klutts or John &. Miller II of Forl¢. Wort~ and State of Texas its true and lawful Attomey4n-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWO MILLION ($2,000,000.00) Dollars STATE OF IOWA COUNTY OF POLK ss and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANT'S BONDING COMPANY (MUTUAL). and all such acts of said Attorney-in*Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992. ARTICLE II, SECTION 8. - The Chairman ot the Board or President or any Vice President or Secretary shall have power and author- ity to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of Ihe Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9. - The signature of any authorized officer and the Seal of the Company may be alfixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its Vice-President and its corporate seal to be hereto affixed, this ].9'IF~ day of Septomher ,19 95 On this 19th day of September ,19 95 . before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say thai he is Vice-President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrumenl was signed and sealed in behatt of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. : : IOWA · ...% ......... STATE OF IOWA h William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and forego*ng is a true and correct copy of the POWER-OF-ATfORNEY, executed by said MERCHANTS BONDING COMPANY (MUTUAL). which is still in force and effect. In Witness hereof, I have hereunto s t my hand and ffixed the Seal of the Company on This Power-of-Attorney expires 12-31-97 · · · Notary Public, Polk Count4, Iowa My Commission Expires 2-19-98 IMPORTANT NOTICE AVISO IMPORTANTE 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 resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POUCY: This notice is for information only and does not become a part or condition of the attached document. Para obtener Informacion o para somster una queja: Usted puede Ilamar al numero de telefono gratis de la companla para Inforrnaclon o para someter una queJa al Puede comunicarse con el Departamento de Seguros de Texas para obtener informaclon acerca de companlas, cobertums, derechos o quejas al 1-800-252-3439 Puede escriblr al Departamento de Seguros de Texas P.O. Sox 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 DISPUTAS SOBRE PRIMAS O RECLAMOS: SI tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el agente o la companla pdmem. Si no se resuelve la dlsputa, puede entonces comunicarse con el Departamento de Seguros de Texas. UNA ESTE AVISO A SU POUZA: Este aviso es solo para proposito de Informacion y no se convlerte en parte o condiclon del documento adjunto. Prescribed bytheStateBoardoflnsurance Ordenado por el consejo Estatal de Dlrectures de Effective May 1, 1992 Seguros, Effectivo el 1 de Mayo 1992 NOVEMBER 20, 1995 PATCO UTILITIES, INC. 1617 W. Highway 303 Grand Prairie, Texas 75051 (214) 641-7901 MCFADDEN & MILLER 113~C LUNA RD DALLAS, TX 75229 ATTN: DOUG MC:DONALD E ~ H I B I T MPEC AMERICAN PROPERTIES . ROYAL LANE ~< BETHAL SCHOOL RD., COPPELL, TX · . ~ .RUBI:IC STORM DRAIN (IN CITY RIGHT~I]~WAY) ...~ ~ ~: ~ . ,~.~ ~ . ~ ~-..~.,.~ ,:. ~, ~ ...... ~!~,EA . .~iO~SPECIAL ,INLET 18~0.00 1850.00 .~ 6. =1 EP 1~I SPECIAE INLET . 2550.00 2550.00 ~,M~DIKY EXT ~1~ 'X~12 INLET ~ CONCRETE,~,CRADLES, ,~ --~.,--'~ STD 8 CURB INLET ~ - ]"IE TO RCP,., ,,·,,6(! 'STD ,~0' -CURB INLET'~ CITY RIGHT.OF ~AY) . ' ':~ ~XT S~ER ~WET BORE & CASE 6" PVC SEWER TEST SHORE BARRICADES CLEANOUT 3500. O0 -,7.,00o. 00 1750.00'-,'~. >~500. O0 350. C O. ~ ~ ,'.1050. 00 19so, oo 00 ' _z 25508.80 250. O0 '250. O0 75.00 ' 3375.00 18.00 1080.00 150.00 150. O0 350.00 350. O0 150.00 150.00 250.00 250. O0 7. ' :,.1 ,EA 8. '2 EA / 9. 2 EA 10. 3 EA 11. i EA SEWER IN 1. S~l EA 2. '~ 45 LF 3. '60 LF 4. I EA 5. 1 LS 6. 1LS 7. 1 EA 5605.00 WATER 1. 1LS REMOVE FIRE HYD/EXT 6" 1550. C<' 1550.00 DOMESTIC: 1. 2 EA 12 X 2 TAP 2. 120 LF 2" COPPER 3. 2 EA 2" METER SETTEE'. 4. 2 EA 2" BACKFLOW PREVENTER 5. 4 EA METER BOXES 6. 45 LF 8" BORE & CASE 650.00 1300. O0 15.00 1800.00 425.00 850.00 375.00 750.00 150.00 600. O0 70.00 315C). 00 845 '. cx] TOTAL 41113.80 SITE CONCRETE, INC. P.O. BOX 140096 IRVING, TEXAS 75014-0096 PH. 214-313-0733 FAX 214-513-0825 [- EMO LETTER BOND NO. 22-000-264 MAINTENANCE BOND KNOW ALL MEN BY TIq~SE PRESENTS: That Site Concrete, Inc., 3328 Roy Orr Blvd., Grand Prairie, TX 75050 as Principal, and Liberty Mutual Insurance Company as Surety, are held and fu-mly bound unto City of CoDDell, Texas Obligee, in the full and just sum of Eighteen Thousand Three Hundred Eighty Three & 00/100 Dollars ($18,383.00), lawful money of The United States for the payment whereof, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, f'unnly by these presents. WglEREAS, the Principal has entered into a written contract dated October 4, 1995 with MEPC American Properties, Inc., 15303 Dallas Pkwy., #100, Dallas, TX 75248 for Left Turn Lane - Freeport North~ Coppell, TX and Wl~EREAS, Obligee provides that the Principal will furnish a bond conditioned to guarantee for the period of Two (2) years after approval of the final acceptance on said job, by the City, against all defects in workmanship and materials which may become apparem during said period. NOW, TI~EREFORE, 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 apparem during the aforesaid period, then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED THIS Tl~E 9th DAY November (Witness) ,19 95. Site Concrete, Inc. (Principal) (Surety) Michael B. Hill, Attorney-In-Fact THIS POWER OF ATTORNEY IS NOT VA UNLESS IT IS PRINTED ON RED BACKGR~ JD. 089316 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, MASSACHUSETTS POWER OF ATTORNEY 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 andappoint, WILLIAM D. BALDWIN, W.T. RAGSDALE, SUZANNE C~ BALDWIN, CINDY FOWLER, MICHAEL B. HILL, DON E. SMITH, RAY WATSON, ALL OF THE CITY OF RICHARDSON AND WILLIAM L. RIDLEHOOVER OF THE CITY OF AUSTIN, 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 obligatians in the penal sum not exceeding TWI=NT¥.FIVF Mil I 1~3N DOLLARS ($25,000,000 ) each, and the execution of such bonds or undertakings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed 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-fect, 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 WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insuranc Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 21st day of Auril ,19 95 . LIBERTY MUTUAL INSURANCE COMPANY Garnet w. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY ss On this 21st day of April , A.D. 19 95 . before me, a Notary Pubiis, personally came the individual, known to me to be r of Liberty Mutual insurance Company who executed the preceding instrument, and he acknowled- ged that he executed the seal affixed to the said preceding instrument is the corporate seal of Said COmpany; and that said corporate seal duly affixed and Subscribed t0 the said instrument ~ aUthority and directi0r~ of the said company. , set my hand and affix my official seal at Plymouth Meeting~ P.~, the day and year first above written. -: ..: - . Notary Public I, the / Mutual insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true :opy; is in full rome 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 Mamh, 1980. VOTED that the facsimile or mechanically reproduced signature of sny assistant secretary of the company wherever appearing upon a certified copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same fome and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereuntosubscribed my name and a/fi×ed ~e corporate seal of the said company, this gl;h day of November 19 95 . ':,-'~, %,~ :~' ~; Assistant Secretary/* THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BONO WITH AN INCEPTION DATE AFTER June IMPORTANT NOTICE TO OBTAIN INFORMATION ORMAKE A (~OMPLAINT: 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 TEXJ~S DEPARTMENT OF INSURANCE: P.O. BOX 149104 AUSTIN, TX 78714-9104 FA~ # (513) 475-1771 PREMIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUTA CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, 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 A~-rACHED DOCUMENT. F. 14032B (9/92) MR. ROBERT AHMUTY MEPC AMERICAN PROPERTIES, 153~3 DALLAS PARKWAY ~i~0 DALLAS, TEXAS 75248 SITE CONCRETE, INC. F'O. BOX 14~-~-l;96 IRVING, TEXAS '75~iU. 4-~J~96 i NC. JOB NO. 9551 PROJECT: FREEPORT NORTH EST. NO. RETAINAGE FROM: ID/26/95 TO: 11/1D/95 ITEM DESCRIF']'tON NO. OF ITEMS PLAN THIS EST. UNITS (---QUANTITIES ..... ) TO UNIT DATE PRICE TOTAL 1. LEFT TURN LANE LS 1 1 $36,766. !Z~;.~; $:56,766. ~) MAINTENANC OND Bond No. BNS145 76 19 Amount: $2~500. KNOW ALL MEN BE THESE PRESENTS, That we, McFADDEN & MILLER, INC. , as Principal, and FIREMEN'S INSURANCE COMPANY OF NEWARK. NEW JERSEY , a corporation duly organized under the laws of the State of New Jersey and duly licensed to transact business in the State of Texas (hereinafter called the Surety), as Surety, are held and firmly bound unto the CITY OF COPPELL. TEXAS (hereinafter called the Obligee) in the sum of ---Two Thousand, Five Hundred and No/100 ................ Dollars for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, formally by these presents. Sealed with our seals and dated this 8th day of November , 19 95 WHEREAS, the said Principal has heretofore entered into a contract with MEPC Quotas Properties II , dated June 19~ 1995 , for Driveway Approaches on Royal Lane in the City of Coppell and, NOW, THEREFORE, the condition of this obligation is such that if said Principal shall faithfully carry out and perform the said guarantee, and shall, or due notice, repair and make good at its own expense any defects which are the result of faulty workmanship and materials in said contract which may develop during the period of two (2~ years, or shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or default of said Principal to do so, then this obligation shall be null and void; otherwise shall remain in full force and effect. McFADDEN & MILLER, INC. Principal By: ~ FIREMEN ~ INSURANCE~ COMPANY OF NEWARK, NEW JERSEY Surety By: Rosemary W~aver, Attorney Firemen's Int rance Company of New .. 4, New Jersey/ GENERAL POWER OF ATi'ORNEY Know all men by these Presents, That the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has made, constituted and appointed, and by these presents does make, constitute'and appoint ;~os~ry ~er ~f DaLlas, Texa~ its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to AtL ~btl~ provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Ten NILtim C10,000,000) Dot[am This Power. of Attorney is granted and is signed and sealed by facsimile under and by the authority of the. following Resolution adopted by the Board of D~rectors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meeting duly called and held on the 13th day of January, 1989: In Witness Whereof. the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its c~rfidal seal tO .be~eunto a ffLxe:L and these presen~ to be signed by one of its Vice Presidents and attested by one of its Assistant Secretaries this ~ day of NOV r ,199~. Attest: FIEF. MEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY By STATE OF CONNECTICUT ~ COUNTY OF HARTFORD Onthis3 dayof #oveaber ,1993, befom me personally came Matthew Klimczak, tomeknown, who being by me duly swom, did depose and say that he is a Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEy, the co~oration described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directo~ of said corporation and that he signed his name thereto by like order. CERTIRCATE NOTARY PUBI, JC My Commissio~ Expires January 311 1998 I, the undersigned, an Assistant Secretary of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New Jersey corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the town of Farminston, the State of Connecticut. Dated the ~'~ day o}-.r'~s~_.., 19q5. W. W. Cowling, Assis~ SURETY 5031 (11-92) Printed in U,S,A. I~)RTAIfl NOTICE TO OBTAZN ZNFOR~t1'~ON OR ~ A COI~LAZNT: YOU HAY CONTACT THE TEXAS DEPArTmENT OF INSURANCE TO OBTAZN ZNFOR~4ATZON ON C(~mANXE~, COVF_qJtGr~, RZ~ OR C(]t, lC)LA]:~ AT: 1-800-252-3439 YOU HAY MRZTE THE TEXAS DEPA~THENT OF INSURANCE: P. 0. Box 149104 AUSTIN, TX 78714-9104 FAX #(512) 475-1771 PRl~Itll OR CLAIM DISPUTES: SHOULD YOU HAVE A D/SPUTE CONCERNZNG YOUR PRENZUN OR ABOUT A CLAZH YOU SHOULD CONTACT THE AGENT OR C01~ANY FZRST. TF THE DZSPUTE TS NOT RESOLVED, YOU HAY CONTACT THE TEXAS DEPA~T~r~T OF INSURANCE. A'ITAO! THIS IIOTICE TO YOUR POLICY: THZS NOTZCE ZS FOR ZNFOR~4ATZON ONLY AI~ DOES NOT BECOt4E A PART OR CONOT'I-/ON OF THE A'I-rACHED M3%INTEN~-NCE BOND Bond No. BNS145 76 19 ~-mount: $2,500. KNOW ALL MEN BE THESE PRESENTS, That we, McFADDEN & MILLER, INC. , as Principal, and FIReMaN'S INSURANCE COMPANY OF NEWARK. NEW JERSEy , a corporation duly organized under the laws of the State of New Jersey and duly licensed to transact business in the State of Texas (hereinafter called the Surety), as Surety, are held and firmly bound thnto the QITY OF COPPELL. TEXAS (hereinafter called the Obligee) in the stun of ---Two Thousand~ Five Hundred and N0/100 ................ Dollars for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, formally by these presents. Sealed with our seals and dated this 8th day of November 19 95 · W~HEREAS, the said Principal has heretofore entered into a contract with MEPC Quoram Properties II , dated June 19~ 1995 Driveway Approaches on Royal Lane in the City of Coppell , for and, NOW, THEREFOI~E, the condition of this obligation is such that if said Principal shall faithfully carz~ out and perform the said guarantee, and shall, or due notice, repair and make good at its own expense any defects which are the result of faulty workmanship and materials in said contract which may develop during the period of two (2) years, or shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or default of said Principal to do so, then this obligation shall be null and void; otherwise shall remain in full force and effect. McFADDEN & MILLER, INC. By: ~\ INSURANCE~OMPANY FIREMEN' ~ OF NEWARK, NEW JERSEY Surety By: Rosemary ~eaver, Attorney