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Old Townhomes-CS040916 (3)T H E C I T Y O F September 16, 2004 Kurt Jones Carbon Landmark, LLC 1701 N Collins Blvd ,Ste 1200 Richardson TX 75080-3586 RE Old Coppell Townhomes, Phase 1 Final Acceptance Dear Mr Jones The improvements in the above referenced project were inspected during construction by the City of Coppell Engineering Department and were installed according to plans and our specifications governing such work As of today's date, 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, Garreth Campbell 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 ,Civil Engineer Glenn Hollowell, P E ,Assistant Director of Public Works Greg Jones, Chief Building Official Tun Oates, Fire Marshal Bond ~f~46BCSCT1383 M~f,WTE1IT.A..N'C~ BOND S'~A'~'E t?F TEXAS } COi11VTY OF DALLAS } KNOW A,X~L 1v1FN BX TDFSE FII~SENTS: THAT Llano Utility Services, Inc. 8S Principal, and Hartford Fire Insurance Company _ a corporation brganizead under the laws of Connecticut , as sureties, do hereby expressly aclrnowledge themselves to be T~cld and bound to pay unto tl-e City of Coppell, Texas a 1Vlunicipal Cdrporatian, Texas, the sum of Two hundred fifty one thousand _ poliars and no / 100 Gets {$ 251 , 000.00 ) ,for the payment Of which sum will and truly be made unto said Citv of Coppell, TX ezul its successors, said priotxpal azad sureties do hereby bind themselves, their assigns and successors jointly azyd seveaally. THi3 obligation is conditioned; however, that whereas, the said Llano Utility Services, Inc. has this day e,aterecl into a written contract with the said Carbon Landmark, LLC to build anti construct Old Coppell Townhomes- Paving, Water, Sanitary Sewer and Storm Sewer whi:cii contract and the plans $ttd specaficatiozas therein mentioned, adopted by the Carbon _Landmark, LLC are hereby expressly made a part thereof as through the same were writsera aid embodied herein, WHERI~;AS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good t'epait, the woz'k ber'eirt cozitracted to be done and performed, foz a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairs an~dlar reconstruction in whole or in part of said improvements that should be occasioned by settlement of foundation, dc~ective worla~sk~ip or materials furnished in the consttvctiatt or atzy part thereof or any of the accessories thereto construCte+d by the Contractor, It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective imaierial and Charge the same against the said Contractor, and sureties on this obligation, and flee said Contractor and sureties hereon shall be subject to the liquidation damages mentioned m said contract for each day's failure on its' part to comply with the terms of said Mafntenance Bend Page 1 of ~ provesiuns of said coahact. Now, tk~ere£ore, if the said Contractor shall keep and perform its' said agreemetu to maintaatt said work and keep the same in repair far the saad maintenance period of two (2) years, as provided, then ti7cse presents shall be ntc]] and void, and have not further effect, but if default shal] be made by the said Contractor ~ the performazace of its' cotatract to so maintain and repair saad work, then these presents shall have full force Glad effect, azad said City o f C opp e 11, Tx she!! have and receive from the said Contractor and its' principal and sureties damages iza the premises, as provided; and it ~s further agreed that this obligation shall be a coxatinuing one against the principal and sureties, hereon, and that successive recoveries may be aztd had hereon for successive br2uaches until the full mount she!! ha~+e been exhausted; and it ~s further understood [hat tlae obligation hereiza to maintatn sand work shall continue throaaghout said maintenance period, and tlae same shat! not be changed, dim~ishcd or in any manner affected from any cause during sa;d tune. I11T VyITNiKSS '~VII~F.REOF, [he said Llano Utility Services, Inc. has caused these presents to be executed by and Lhe said Hartford Fire Insurance Company has caused these presents to be exe~cu~ted by its Attorney in fact and tkte said Attorney in fact Tracy Tucker ,has hereutata set his h8tld, tkMe 1st day of September ,20 04 PRItYCIPAL SURETY Llano Util 3y-cervices, Inc. Hartford Fire Insurance Com an ~~] ~ - - '1;'xtae' ~ Title: Tracy Tucker, Attorney-in-Fact WITNESS: NOTE: bare of ,M(atl~resrarree BotRd rr+~sr aw bt prior ro arau of Cunrmct. Ma[nrenanre Bond ,Page 2 of 2 POWER 4~ ATTORNEY THE HARTFORD HARTFORD PLAZA HARTFORD, CONNECTICUT 06115 Hartford Fire Insurance Company Twin City Fire Insurance Company Hartford Casualty Insurance Company Hartford Insurance Company of Illinois 0 Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest 0 Hartford Underwriters Insurance Company Hartford Insurance Company of the Southeast KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois, Hartford Casualty Insurance Company, Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana, and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida, having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited Tracy Tucker, Tobin Tucker, W Lawrence Brown of Fort Worth, TX their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney i[rz ~ coy j~w""°A.''a ~~TY lyw l~ htL IN o 0. -,, A'f 4 _ hd $ io~ - a~\`~x,r ncr~ gblb+~~ ~,' t$79 -`skr97~ ~ 29T ' ~ ~~_!%~_„`- ~'~WwT~ brA a f0~b • 1~` %,r~~;;~f Uer4F~ ~'e~"~=",.i3.~M' '•+__" ^` Paul A. Bergenholtz, Assistant Secretary .~ John P Hyland, Assistant Vice President STATE OF CONNECTICUT ~s. Hartford COUNTY OF HARTFORD On this 19~h day of September 2000, before me personally came John P Hyland to me known, who being by me duly sworn, did depose and say' that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals, that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority ;~,totr-nr ~ ldsci 7V //1/ . q~c . Jean H. Wozniak CERTIFICATE Notary Public My Commission Expires June 30 2004 I the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of September 1, 2004 Signed and sealed at the City of Hartford „„, ~,TY 7 '!~ QT1L 1 y,Pr~ f Pte. ys ,~ 'C CpA~ ~ ~A taw._ ~. - i96^. ~ • o: a ~I _ ~Si t R ~~r p~ ~\`~x,o,txu, ~~a~bM- 3~ t$?~ rt: - i,t$79rt '- 1§fi4 ~ ' ~~~.-._.~ ~ A~b,Iw1N ~t,~ JdrA a AO~y ~ J ~Y, "~tS"# ~ ~ /~Ori~fP•` ~~P10A,M' Colleen Mastroianni, Assistant Vice President ~' Obligee Name City of Coppell, Texas Obligee Mailing Address P 0 Box 9478 Coppell, TX 75019 Policy Number 46BCSCT1383 IMPORTANT NOTICE TO OBLIGEES/POLICYHOLDERS - TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond/policy However, the actual coverage provided by your bond/policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond/policy, any endorsements to the bond/policy and generally applicable rules of law Any terrorism coverage provided by this bond/policy is partially reinsured by the United States of America under a formula established by Federal Law Under this formula, the United States will pay 90% of covered terrorism losses exceeding astatutorily -established deductible paid by sureties/insurers until such time as insured losses under the program reach $100 billion If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of $100 billion The premium charge that has been established for terrorism coverage under this bond/policy is either shown on this form or elsewhere in the bond/policy If there is no premium shown for terrorism on this form or elsewhere in the bond/policy, there is no premium for the coverage. Terrorism premium. $0 Form B-3333-0 Page 1 of 1 © 2002, The Hartford 1~~ ~.TF t=} Inquiries Re~ardin~ Claims Hartford Fire Insurance Company Twin City Insurance Company Hartford Casualty Insurance Company Hartford Insurance Company of Illinois Hartford Accident and Indemnity Company Hartford insurance Company of the Midwest Hanford L?nderwnters Insurance Company Hartford Insurance Company of the Southeast Please address mquines regarding Claims for all surety and fidelity products issued by The Hartford's underwntmg companies to the followmg• Phone Number 888-266-3488 Fax -Claims 860-757-5835 or 860-547-8265 E-mail claimsL,lstepsurety coin Mailing Address The Hartford The Hartford Fidelity & Bonding (BOND) Hartford Plaza 690 Asylum Avenue Hartford, CT 06115 FROM ~TUF~AUG 31 2004 15 ST 14 5r/NO 6334481900 P 4 CARBON LANDMARK, LLC SUBCONTRACT AGREEMENT THIS SUBCONTRACT AGREEMENT (hereinafter the "Subcontract" or the "Agreement") is entered mto by and between Carbon Landmark LLC, 12221 Merit Drive, Suite 760, Dallas, Texas 75251 ("Contractor") and Associated Concrete Contractors, Ins, Post Ofjilce Drawer 249, West, TX, 76601, (2S4) 829-2990 ("Subcontractor"). Whereas, Contractor has entered into a contract for construction (the "Contract") dated February 25, 2004, with R L Robertson LLC, for the following Project: Old Coppell Townhomes, 544 South Coppell Rd., Coppell, Texas. Whereas, Contractor is willing to subcontract to Subcontractor part of the work to be performed under the Contract; NOW THEREFORE, the Contractor and the Subcontractor hereby agree to the terms and provisions set forth below 1 The Subcontractor shall execute the following portions of the Work described in the Subcontract Documents, including all labor, materials, equipment, services and other items required to complete such portions of the Work, except to the extent specifically indicated in the Subcontract Documents to be the responsibility of others, in accordance with the terms, provisions, conditions and requirements of this Subcontract and all related Contract Documents forming a part hereof• All work described within this Subcontract, aad specifically within Exhibit "A" attached hereto and incorporated herein, for the performance of all Paving-Public, Paving-Private, Water Distribution, Sanitary Sewer, Storm Sewer-Public, and Storm Sewer-Private Work. Unless otherwise provided herein, Subcontractor shall furnish and pay for all labor, materials, supervision, equipment, services, hoisting, tools, scaffold, on site storage facilities, and all things necessary to fully complete all the Paving-Public work as per the plans, specifications, Exhibits "A" through "G" attached hereto (if applicable) and all applicable city, county, state and national building codes. 2. Subject to the terms, provisions, conditions and requirements of this Subcontract, the Contractor will pay the Subcontractor in current funds for performance of the Subcontract the Subcontract Sum of $251,000.00, subject to additions and deductions as provided in the Subcontract. Adjustments for alternates and unit prices, if any, shall be in accordance with the terms of Article 6 of the ADDITIONAL TERMS AND CONDITIONS OF THE SUBCONTRACT attached hereto and, if applicable, shall be identified in Exhibit "A" attached hereto. Cost Code 02750 -Paving-Public 570,500.00 Cost Code 02750 -Paving-Private S 7,500.00 Cost Code 02510 -Water Distribution 537,000.00 Cost Code 02530 -Sanitary Sewer 565,000.00 Coat Code 02630 -Storm Sewer-Public S6t,000.00 Cost Code 02630 -Storm Sewer-Private S10,000.00 Provided an application for payment complying with Article 9 of the ADDITIONAL TERMS AND CONDITIONS OF THE SUBCONTRACT is submitted to and received by Contractor not later than the 251° day of a month, Contractor will pay Subcontractor the amount approved thereon and paid by the Owner on the l 5's day of the following month, subject to the terms and conditions of this Subcontract, including such Article 9 3 The ADDITIONAL TERMS AND CONDITIONS OF THE SUBCONTRACT attached hereto are incorporated herein by this reference as if fully set forth in their entirety and constitute material terms of this Subcontract. The Parties shall sign the last page of such Additional Terms and Conditions at the time this Subcontract is signed. This Subcontract is entered into this day of 2004 CARBON LANDMARK, LLC. Kurt E. Jon s, sideat ASSOCIATED CONCRETE CONTRACTORS, INC. By ~ , Will Kapavik, Pres ent