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Town Center L2B1-CS 960423 c~ by co~PgL~. ?. O, BOX &78 COPPELL, ~.AAS 7501 (21.4) &62-0022 1996 ~UBUC WE ARESENOINGYOU O Altached OOnderm~/eo~er~n [ ] ~ark Up Plans [ ] Plans [ ] Copy of ~lnutes [ ] Copy of Letter [ ] Spacificitiona ( ] CO P I ES DATE NO. THESE A~E TRANSkel o~o~ 0 ReUm~d ~or c~mecdom Note & Forward To: O Subm~ . i Im diIUll~mim Oaemm "comICII ~ [] Return Markup Plans with C, mTectimm 0 Note & Reply To: COPY TO The City With A Beautiful Future P.O. Box 478 Coppell, Texas 75019 214-462-0022 April 19, 1996 Tim West Wendy's International, Inc. / FAX (214)541-0179 4545 Fuller Dr., Ste. 404 Irving, TX 75038 RE: Wendy's / East-West Spine Road Final Acceptance Dear Mr. West: A final inspection of paving and utilities for the referenced project has been conf'mned 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. ctor cc: Robert Farrow, North Texas Contracting, Inc. Jim Koch, Pacheco Koch Engineers Bill Anderson, Dowdey Anderson Engineers Kenneth M. Griffin, P.E., ACM/City Engineer Utilities Superintendent Street Superintendent Greg Jones, Chief Building Official left Jones, Fire Marshal Doug Stevens, Engineering Technician file/ldavls/0finalac.ltr Crum&Forster Insurance e~ndNo. 610 201883 7 KNCW ALL t,~EN B.~ THESB PRESENTS. THAT WE._ Landmar..k Ceneral Contractors, Inc. Southlake, T~×~ ~ u pr;nclpal (hemlnafler called "Principal") and [,~n-i 'l-,m~ States Fire Insurance Co .~any . a~ $urs~-y [hereln~fitr ~lled '~umty") e~e held ind firmly bound unto City of Coppell a~ Obl;ge~ (herelnaft~r caUed "Ob4ige~") in the penal sum of Si;n*.d.'~aie~ ,nd ~ted :he 20th ~ey cf Dec~mb~.~' A.D. t9 95 '~',TtER EA5. e L[CFL/$E =r 7iR,MIT h~s been cjranted by the Obllge~ tO the above bounden Ptinclp41 a~ho;izln~ him prov~s~on. P~nd to ~_~v~r n~ ntenance of s!~e~alks' and approaches. Ncw, therefcre, the Condition of thlt Obl[c. etion is ruth. that if ~e s~id Principal shall felthf, JIl¥ ob~ac,.e the prov(sionl of the L~v.~, O~inanc-.s, s~d Resolutions, gove~nin~j the Issuance of this Lic~n'.e ar Permit, than this ObligatiOn sha!l be null a~d void, other. Lie~lity under :hL4bond shatl :ermin~.m a~ of the ~l day of [~_cemK_er , 19 . 95 , ~ to any Surety. The SuraTf may c~ncel this bond ~: shy tlme by filing with the Obligee t~irty (30) ~ys wrJ~n notice of lb da;a ~ ~ reli~ of [1~[11~/. ~e ~mty sheil not ~ dh~ar~ fr~ any IlabIHw already ~ un~ ~ii ~nd, or ~;ch shall a~rue hemua~r ~a :he expbaflcn of ~he ~i~ day p~ricd. POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE, NEW YORK, N.Y. KNOW ALL MEN BY THESE PRESENTS: That the UNITED STATES FIRE INSURANCE COMPANY a Corporation duly organized and existing under the laws of the State of New York, and having its administrative offices in the Township of Morris, New Jersey, has made, constituted and appointed, and does by these presents make, constitute and appoint Bill Piskuran, Carrol Key and Evelyn Patterson of Arlington, Texas, each its true and lawful Agent(s) and Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver: Any and all bonds and undertakings each in a penalty not to exceed the sum of Five Hundred Thousand and 00/100 Dollars ($ 500·000 ) SUBJECT TO THE EXCLUSIONS LISTED BELOW: Bid, Proposal and Final Bonds and Undertakings guaranteeing contracts for the construction or erection of public or private buildings, improvements, and other works and guaranteeing public and private contracts for supplies. and to bind the Corporation thereby as fully and to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Corporation at its offices in Morris Township, New Jersey, in their own proper persons. This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated· This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 2~th day of February, 19 94. · , ........... ,' Assistant Secretary Charles R. Van Buskirk UNITED STATES FIRE INSURANCE COMPANY V~cc~Pres~dent Richard A. Annese STATE OF NEW JERSEY) COUNTY OF MORRIS ) On this 28th day of February, 19 ~)4, before the subscriber, a duly qualified Notary Public of the State of New Jersey, came the above-mentioned Vice President and Assistant Secretary of United States Fire Insurance Company, to me personally known to be the officers described in, and who executed the preceding instrument, and they acknowledged the execution of the same, and being by me duly sworn, deposed and said, that they are the officers of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Company. I,..N._T,E_?r_I.M_O.~I_,Y.._W_HEREOF, I have hereunt ed my seal at the Township of Morris, the day and year · · ~ ~,> ,,, ',,.?~,~ :~.. - · (. ~ $ ~ "~ ! ~ '~' : -.-- ; ~ NoTary P"MDliC ~.. ;, PUB~-t',-'.; ~ -,.~- . ~ -... ,.., & DAWN M. $~BENS ~/.. ~z/-; ........... cq. x'.'"' NOTARY PUBLIC OF NEW JERSEY ////H "-"\~ MY COMMISSION EXPIRES JULY ~5, 1§98 MAINTENANCE BOND Bond No. 30707509 KNOW ALL MEN BY TIIESE PRESENTS, That we?0RTH TEXAS CONTRACTINGt INC. (hereinafter called the "Principal") as Principal, and the FZdeLLLy and Dep0sx~ Company of t~a~yLand , of the City of Ba.2~%more a corporation duly organized nndcr lite laws of the State ofMa~yff~.nd attd duly licensed to transact business in the Slate of Toxa~ (hercinaftcr called thc "Surely"), as Surety are held and firmly bound unto CITV OF COPPELL Sixty Five (hereinafter called the "Obligee"), itl tile sum or One Hundred NineN:q Nine ThoaA, and($199,065.00 ........ ) for tire payment of which, are well and truly to be made, we, Ihe said Principal and Ibe said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sigaed and sealed this ........ .2../..s..t. day of ..... .M._a&...e~/. ...................... 19 _9.6. ..... '1'1 IE CONL)I'FION OF TI-IlS OBLIG~HON is such, that Land~:udZ General Co o~v~e~grrSl o' WI IERHAS, the said Principal h~ heretofore entered into a contract with ~ dated 19 ~, for U~ and Pavin~ work ~or Wendy's R~ Copp~ Tex~ WIIEREAS, tile obligee bas requested that said work be guaranteed against failure because or defective workmanship or material, performed or furnished by said principal for a period of Too years from date of completion and accept- ance, not mai wear alld tear excepted. NOW 1'11EREFORE, if Ihe said Principal shall indemnify and save harmless tile obligee against loss or damage occasioned tit, eclly by thc failure of said materials or workmanship, then II~is obllgallon to be void, otherwise to remain in fall force and ell'cci. II is understood, however, that this bond shall not include loss or damage by failure of workmanship or malcrials due Io hurricane, cyclone, tornado, earthquake, volcanic eruptiou or any similar disturbance of nature, nor mililar:,; aaval or usurped power, insurrection, riot or civil commotion, nor auy act of God. it is further uaderstood and agreed that tile total liability or tile surety under tiffs bond shall in no event exceed the SUU! or ~4e Ho_nd. red Ninety Nine Thovzand, Sixtq Fi¥¢ and no/100 ....................... -Dollars. No right of aclion shall accrue upou or by reason of tiffs obligation, to or for tile use or benefit or any person, firm or corporation, other than the obllgee bereln named. NORTH TEXAS CONTRACTING, INC. Principal FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety · Dee Stone Attorney-in-Fact ~ FIDEL Y AND DEPOSIT COMPANY OF .ARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICES: BALTIMORE. MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR., Vice-President, and C. W. ROBBINS, Assistant Secretary, in pursuance of anthodt~ granted by Article VI, Section 2 of the respective By-Laws of said Companies, which are set forth on the reverse side h hereof, do hereby nominate, constitute and appoint Derrell Cruthis, Douglas Moore and Dee Stone, the truc ano mawml agent and Attorney-in-Fact of eac]~ as its act and deed: any and all bonds and Executors, Community Survivors Anti me execution of such bonds or undertakings and amply, t~ all intents and purposes, as the respective Companies at their offices in revokes that issued on beh ~11 ~e andeffecton thc ~te J, Mullis, Jr., E1nora , EACH ................. deliver, ~r, and on ~ ~half as sure~, and iXCEPT bonds on behalf of Independent shall ~ as bi~inguponsaidCompanies, es ~lly and ac~owledged ~ the re~l~lyelccted o~ of This power of attorney 3. Dodson, etal, dated August 8, 1994. IN WITNESS WHEREOF, the said the Corporate Seals of the said have hereunto subscribed their names and affixed the COLONIAL AMERICAN CASUALTY AND ' of. January , A.D. 19 96 On this..~l 8--~h __day of danu__a_r_y ., A.D. 19__9..6., before the subscriber, a Notety Public of the State of Ma~land, duly commissioned and qualified, came C. M. PECOT, .IR., Vice-President and C. W. ROBBINS, Ass/slant Secretary oftbe FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixnd to thc preceding instrument a~e the Corporate Seals of said Companies, and that the said Conporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. My counnission expires.__6u~t l. CERTIFICATE I. ~be undersigned Assistant Secr~ta~ of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETy COMPANY do hereby certify that the original Power of Allomey of which the foresoinS is a full. true and correct copy. is in full force and effect on the dale of this certificate; and I do further certify that the Vice-Presidem who executed the said Power of Altorney was one of the additional Vice-Presidents specially authorized by the Board of Direalors to appoint any Attomey-inoFact as provided in Article VI. Section 2 oflhe r~peclive By-Laws oflhe FIDELITY AND DEPOSIT COMPANY OF MARYLAND and ~e COLONIAL AMERICAN CASUALTY This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITy AND DEPOSIT COMPANY OF MARYLAND al a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETy COMPANY at a meeting duly called and held on the 5th day of December, 1991. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whOher made beretofo~ or hereafter, whenever appearing upon a certified copy of any power of altorney issued by the Company, shall be valid and binding upon the Corn- pony with the same force and effect as Olough manually affixed."