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Park West CC(11)-CS060223T H E C I T Y O F COPPELL ~ ~ t ~' ''~ r '~`~ o ~- , h A S y A February 23, 2006 David Littleton, P E Halff Associates, Inc 8616 Northwest Plaza Drne Dallas, TX 75225 RE Park West Commerce Center / HCA Laundry Facility, 1150 Enterprise Dr Final Acceptance Dear Mr Littleton Representatives of the City of Coppell have confirmed a final inspection of utilities for the referenced project The two-year maintenance bond and as-built drawings have been received from the contractor Maturity on the bond ~~~ill be two years from the date of this letter 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, Larry Davis Construction Inspector l1lfiCePhone (U'7')1'Z11.1-2/,~a Fax (972)304-3570 Keith R Marvin, P E /~ccictant 1- ij}% Eng~n??r cc Ken Griffin, P E ,Director of Engineering & Public V4'orks Glenn Hollowell, P E ,Asst Director of Public Vl'orks Greg ,Tones, Chief Building Official Tim Oates, Interim Fire Chief Priscilla McKinney, PacTrust Realri fax 972-869-0180 Itlurrati Construction fax 972-218-0019 55 PF. R P ~^~GY * P C F3 CX 94 ~6 * l,O F P E L -~ X '5G 1 5 * i F L 972 a t, GG22 * F/> X 9721304 3573 Maintenance Bond Warranty Term in years Ohio Farmers Insurance Co. Westfield Group SM Westfield Center, OH 44251-5001 Bond Number ~ MAINTENANCE BOND KNOW ALL BY THESE PRESENTS, That we, Murray Construction Co., Inc., 515 N. Kealy, Lewisville, TX 75057 as Principal, and OHIO FARMERS INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio and duly authorized to do business in the State ot: Texas as Surety, are held and firmly bound unto City of Cappell, P. O. Bax 9478, Coppell, TX 750 J 9 as Obligee, in the penal sum of FIVE THOUSAND TWO HUNDRED AND NOli 00--------------_____________________________________ ($ 5,200.00----____________________ ), 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, tirmly by these presents. WHEREAS, the said Principal entered into a Contract with Pcr.trust dated the 24th 2005 , a copy of which is hereto attached and made a part hereot: tor Connect to Existing Water for HCA Laundry, 1150 Enterprise Dr., Suite 100, Coppell, Texas 75019. day of October NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall guarantee that the work will be free of any detective materials or workmanship which become apparent duri.ng the period of TWO (2) year(s) tollowing 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, sealed and dated this 3rd day of January 2006 '-' k~~ (Witness) PRINCIPAL Murray Construction Co., Inc., BY:~~ _ (Seal) OHIO FAR~IERS INSURANCE COMPANY ~~t- Clcm . Lcsch (Witness) BV'Y~1JJX~ Pauline L. Lcsch _-LSe~ , Attorney-in-Fact 805951 .::.,:':':':" .~" ~/::~~ ' ., .- ... . O. o. !ffi :::" WESTFIELD INSURANCE A member afWestfield Groupl" RIDER Policyholder and/or Bondholder Disclosure: NOTICE OF TERR.ORlSM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act became effective immediately and establishes a temporary Federal pro.gram that prO\'ides for a system of shared public and private compensation for an "insured loss" resulting from certified acts of foreign "terrorism", as defined under the Act. The Act further requires that a1\ in-force exclusions for acts of terrorism. as detined in the Act, already contained in a policy/bond or included as an endorsement in a policylbond, become nullified os of November 26, 2002, Coverage for oets of terrorism is included in your current policylbond and/or in any policylbond quoted for you. You should know thot, effective l'\o\'embcr 26,2002, under your existing coverage, any losses caused by ecrtitied acts of terrorism would be portially reimbursed by the United States under a formula established by federal law, Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insur::li1ee company providing the coverage. , The actuJI covt:rage provided by your policy/bond for acts of terrorism, as is true for all cO\'erJges, is lImited by the terms, conditions, exclusions, limits, other provisions of your policy/bond, any endorsements to the policy/bond and generally applicable ndes of law. During your current policylbond period, the portion of your premium that is attributable to co\'erage for acts of krrorism is 50.00. If it becomes necessary to include a premium for terrorism coverage in a future renewal of your policylbond, you will recei\'e notitication of that premium through a separate line in your policy,bond. Should you ha\'e any question regarding this notice, please contact your insurance agent. One Park Circle. P.O. Box 5001 . Wes:fi~ld Center. OH 4~251.5001 . 1.800.243.0210. fd> ))0.e37.C8~O. w.'.\'I.westfieldgrp.com AD 8529A 11 02 IMPORTANT NOTICE STATE OF TEXAS COMPLAINT PROCEDURES To OBTAIN IN FORMA nON OR MAKE A COMPLAINT: You may call Westfield Insurance Company, Ohio Farmers Insurance Company, and/or Westfield National Insurance Company's toll-free telephone number for information or to make a complaint at: 1-800-243-0210 You may also write to Westfield Insurance Company, Ohio Farmers Insurance Company, and/or Westfield National Insurance Company at: Attn: Bond Claims One Park Circle P. O. Box 5001 Westfield Center, Ohio 44251-5001 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 at: P. O. Box 149104 Austin, Texas 78714-9104 Fax # 512-475-1771 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253.048, Government Code, and Section 53.202, Property Code, effective September 1, 2001. THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 08108105, FO'"'-I\NY PERSON OR PERSONS NAMED BELOW. CERTIFIED COPY POWER NO. 422015202 Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio Genera I Power of Attorney Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a 'Company' and collectively as 'Companies,- duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint PAULINE L. LESCH, CLEM F. LESCH, GARY MATULA, STEVEN W. LEWIS, BARRY ROMITO, PATRICK C. LOCKE, ALLEN B. SPARKS. JR., JOINTLY OR SEVERALLY of DALLAS and State of TX its true and lawful Attorney(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- - . - - - - - -. . . - - . .. - - - . .. - - - - . - - - - - - - - - .. .. .. .. - - - - .. .. - - - - - - - - - - .. - - - .. - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE. MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: '"Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and 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: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary: -Be it Further Resolved, that the signature of any such designated person and the 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 signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached: (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY nave caused these presenb to be signed by their Senior Ellecutive and their corporate seals to be herein ;,fflxp.d this 08th day of AUGUST A.D., 2005 . "'......,......... Corporate ,...~," U R.(~ ...... Seal s /..#~ 'll: ....-.......c~... Affixed J""'/ -- -'. - \ .., .' ..... \ !i~: SEAL \0 i ....' .J; !..! !-- \ ~~. I~J \'" .... '1r' ~. "r' .. .. # State of Oh~:'..:.::Y County of Medina ss.: .""I\'U:".""", ,., :<;\ON,l\I./'\r ". .... "'1';...........:.s0.. /2/' .....\:\ :CL' SEAL .~< .. .. .... , - \~:::::.....; ",,::::::~J II'II'U""t ....~..."""" ,':':'c. \"su.;'~"" ,....~... ;;;-:'~c"~ ;~.., - ".'f"~ f ~[t'''''TEtt;.:g, :0: :~= \~... 1848 ~~! \ . .... .. ....~~..f ~ ........ ..... ..., .... I",.""....,...",........... WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY OHIO FARMERS INSURANCE COMPANY By: Richard L. Kinnaird, Jr., Senior Executive :J. On this Oath day of AUGUST A.D., 2005 , before me personally came Richard L. Kinnaird, Jr. to me known, who. being by me duly sworn. did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies: that the seals affixed to said instrument are such corporate seals: that they were so affixed by order of the Boards of Directors of said Companies: and that he signed his na;!dme thereto b~ like order. ;aL Notari al ~,,,.............. __ Seal .....,...' \ A l ........ Affixed h~~1\"i;(lb.:.~...i;\ 51". of Ohio \ :11#,;) County of Medina ss.: .... ~ .' -l' .... .......'rE;: of" 0...... ..,................ William J. Kahelin. A rney at Law, Notary Public My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) L Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregOing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect: and~urthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, thiS~ day of Jarun:y A. D., 2006 ................, ~~~~~.~~~~~~.... ,_~,.. .'. v ... Jti1l -- "\Ct\ ;'...-tS~XI ~~1 : ..: L..M.J..: .. , ~~. i~ '\ "'.... '1r' ./"r' ""'~ ,1'lll'II'" ........,'~ \ONt\l. ;""" ..' ,::..1-...........;:<5' .... /Q:'" "':-1l'--~ ~ Ij/;' . "'~ ~ . u.' SEAL . () < =~: :m: \~....................<~/ """.rl.II~.I"'.","\. . ......."'~,, ........ \tlSU';~"" ......:~. ......-.":'!<f'....',,~ l~.' - ...~i" ~ i ~lt'....TERl:IJ... g,l ;""": :K~ -0. ':.- \~... 1848 /~J ~ ..... ~ .....~.l' ":l' ....... ...... """"". ................ ..,....,..,.. n--. LJ I ?i:dJ;nodc'ef~ S_~ BPOAC2 (combined) (06-02)