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Vista Ridge 1R-8 D-CS060327 (2)COl'FELL March27,2006 John Speanburg JDB Coppell Village Plaza Commercial LP 434 Copperstone Trail Coppell TX 75019 RE: Vista Ridge Addition, Lots 1R - 8, Block D Infrastructure/The Plaza Final Acceptance Dear Mr. Speanburg: 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. Maturity on the bonds will be two years from the date of this letter. Maturity on the Erosion Conlzol Bond will also be two years from the date of this letter. A refund of the escrow may be requested in writing if all the lots have been fully developed before the two years elapse. 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. ~Co/astmcUon Inspector ~j~fice Phone: (972) 304-3684 Fax: (972) 304-3570 Keith R. Marvin, P.E. Assistant City Engineer CCi Ken Griffin, P.E., Director of Engineering & Public Works Glenn Hollowell, P.E., Asst. Director of Public Works Greg Jones, Chief Building Official Tim Oates, Interim Fire Chief Neal Heckel, Marlin Atlantis Bond No. 8204-23-44 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we Rodman Utilities, L.P., as Principal, and Federal Insurance Company, corporations duly licensed to transact business in the State of Texas (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Coppell in the sum of Twenty Five Thousand One Hundred Seventy One and 50/100----- ($25,171.50------) 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 2nd day of February, 2006. WHEREAS, the said Principal has heretofore entered into a contract with JDB Coppell-Village Plaza Commercial, L.P. for Utility Improvements for The Plaza Infrastructure and, WHEREAS, the said Obligee has requested that said work be guaranteed against failure because of defective workmanship or material, performed or furnished by said Principal for a period of two (2) year (s) from date of completion and acceptance, normal wear and tear excluded. NOW THEREFORE, if the said Principal shall indemnify and save harmless the obligee against loss or damage occasioned directly by the failure of said materials or workmanship, then this obligation to be void, otherwise to remain in full force and effect. It is understood, however, that this bond shall not include loss or damage by failure of workmanship or materials due to hurricane, cyclone, tornado, earthquake, volcanic eruption or any similar disturbance of nature, nor military, naval or usurped power, insurrection, riot or civil commotion, nor any act of God. No right of action shall accrue upon or by reason of this obligation, to or for the use of benefit of any person, firm or corporation, other than the obligee herein named. Principal Rodman Utilities, L.P. BY:~ Surety Federal Insurance Company By: tcx~~M- k{t()~{{) Connie Jean Kr gel, Attorne -m-Fact ~ Chubb Surety NER OF ATTORNEY Federal Insurance Comp, I Vigilant Insurance Company Pacific Indemnity Company Attn: Surety Department 15 Mountain View Road Warren, NJ 07059 CHUBB Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Steven Jay Rauch, Connie Jean Kregel, Richard Michael Abbott, Lloyd Ray Pitts, Jr. and Beverly M. Trimble of Dallas, Texas each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 10th day of January, 2006 J!~~irJ~ -f<ennetn . en el, slstant ecretary , Vice President ~(&~p,~~ STATE OF NEW JERSEY County of Somerset On this 10th day of January, 2006 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with John P. Smith, Vice President, and knows him to be Vice President of said Companies; and that the signature of John P. Smith, Vice President, subscribed to said Power of Attorney is in the genuine handwriting of John P. Smith, Vice President, and was thereto subscribed by authority of said By- Laws and in deponent's presence. ss. Notarial Seal KATHERINE KALBACHER NOTARY PUBLIC OF NEW JERSEY No. 2316685 Commission Expires July 8, 2009 kL~~ Notary Public CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attomey for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 2nd day of February, 2006 ~h~ I Kenneth C. Wen el, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail;suretv@chubb.com Form 15-10- 0225B- U (Ed. 5- 03) CONSENT 02/0:::/2008 15.11 F ,iJ,X 8727120871 [' ~ ~ ~ rE Q :s o ct ~ g ~ ~ IJ.. o lJJ ~ .... Q:: ~ ~ 0 0 0 0 0 0 C 0 ~ ~ 0 0 0 0 ...j- 0 ll"l 0 0 ...j- ~ 0 0 ;:; ~ aJ I'- rJ:J en <0. '<to I"') -l N U? co ... .... o' ~ ~ In f- a f- tI7 tI7 tI7 tI7 tI7 tI7 ~ rJ:J tn ...... ...... .... '<t' - 0 ,..... ..... >- f- a 8, 8 8 8 8 0 ~ (J) 0 Lt) 0 0 ~ .... ~ v '<t 1:0 ...- CD 0 CD <D f-uJ - as ...... ri -u z- ~tY ll. ~ <i .,( z z u. <( <( ~ ::.J -I W UJ W W ~ t'O f- c; c C Q) Cl ... ill .Y ~ U :: ill ..c:: ill <..) .~ L- a (JJ ti ill OJ ~ ~ Z3 1:5 0 c c::: Ul ~ ill t'O ... a:: c;;; ill ~ "0 ~ LLJ > > :: >- <./) '~ ro ro 0 I 0> ~ c;;; :E > > 0 .~ E ~ ~ . . 0 IX) CD CD Co L.L U. ~ t QI) 10. C!: ~ ~ ~ o Q: Q., ~ ~ -J Ul ~ .... tLl ~ o u RODMAN I4l 002/002 .-- o o M ~ M 0- lI'l .... ...J < ~ o I- ~ ..-"' m BAFECO' SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA MAINTENANCE BOND Bond No. 6386419 KNOW ALL BY THESE PRESENTS, That we, Gilco Contracting, 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 finnly bound unto City of Cappel! as Obligee, in the penal sum of Fifty Nine Thousand Five Hundred Fifty and 28/100 ($ 59,550.28 ) 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, tinnly by these presents. WHEREAS, the said Principal entered into a Contract with the JDB Coppell Village Plaza Commercial, L.P. dated June 24, 2005 for The Plaza Infrastructure 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 25th day of (Seal) SAFECO INSURANCE COMPANY OF AMERICA By Attorney-in-Fact · Registered trademerk of SAFECO Corpor.tion. r-- .--- -.. POWER OF ATTORNEY Safeco Insurance Companies PO Box 34526 Seattle, WA 98124-1526 3698 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA Washington corporation, does each hereby appoint No. and GENERAL INSURANCE COMPANY OF AMERICA, each a ********L1SA M. BONNOT; DON E. CORNELL; ANUJ JAIN; CHRIS J. KUTTER; RaBBI MORALES; LUKE J. NOLAN, JR.; JERRY P. ROSE; Da lias, T exas********************************************************************************** its true and lawful attorney(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 14th November 2005 this day of ~~~ ~ STEPHANIE DALEY.WATSON.SECRETARY MIKE PETERS. PRESIDENT. SURETY 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 attorneys-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 busines's... 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 (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley-Watson , Secretary of SAFE CO 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 25th day of January 2006 STEPHANIE DALEY-WATSON, SECRETARY Safeco@ and the Safeeo 1090 are registered trademarks of Safeeo Corporation. S-0974/DS 4/05 WEB PDF ~ S A FEe o~. r-' State .of Texas Surety Bond Claim Notice In accordance with Section 2253.021 (f) of the Texas Government Code and Sect/on 53.202(6) of the Texas. Property Code, any notice of claim to the named surety under.this bond(s) should be sent to: SAFE CO Surety Adams Building 4634 154th PL NE Redmond. WA 98052 Mailing Address: SAFECO Surety PO Box 34526 Seattle, WA 98124 Phone: (425) 376-6535 . Fax: (425) 376-6533 WWW.SAFECO.com .