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Duke Lesley 2A-CS080208 (2) THE'CITY.OF --" - COPPELL February 8, 2008 Paul Burn, Project Manager Duke Construction 14241 N. Dallas Pkwy., Suite 1000 Dallas, TX 75254 RE: Duke Lesley, Point West VII, Lot 2 Block A Final Acceptance Dear Mr. Burn: 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 from the contractor. Maturity on the bonds will be two years from the date of this letter. 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 Tem1ination (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. ----- ~ --- L avis Construction Inspector Office Phone: (972) 304-3684 Fax: (972) 304-3570 cc: 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, Fire Marshal David Storm, Duke Construction, Fax: 972/361-6800 255 FARKVvA.Y * POBOX 9478 * COPPE.LL rx 75019 * TEL 9724620022 * FAX 972/304 3673 MAINTENANCE BOND Bond. No 46BCSE07208 Amount $60,195.00 Know All Men By These Presents That we, San Saba Construction Services, Inc. (hereinafter called the Principal), as Principal, and Hartford Fire Insurance Company, Hartford, CT, a corporation duly organized under the laws of the State of Connecticut, (hereinafter called the Surety), as Surety, are held and firmly bound unto the City of Connell, TX (hereinafter called the Obligee), in the sum of Sixty Thousand One Hundred Ninety Five and no /100 Dollars ($60,195.00), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 11th day of January, A.D. two thousand and 08. Whereas the said Principal has heretofore entered into a contract with said Obligee dated the 29th day of August, 2007 for Water, Sewer to Serve Hemisphere's At Point West; and Whereas, the said Principal is required to guarantee the work listed above installed under said contract, against all defects in materials or workmanship, which may develop during the period. Now, therefore, the condition of this obligation is such, that if the principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period Two year from date of completion and acceptance 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 so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. San Saba Constructs . Services, Inc. By 4 Hartford Fire Insurance Company Tracy Tucke Attorney -in -Fact POWER JF ATTORNEY THE HARTFORD HARTFORD PLAZA HARTFORD, CONNECTICUT 06115 X Hartford Fire Insurance Company Twin City Fire Insurance Company X Hartford Casualty Insurance Company Hartford Insurance Company of Illinois x Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest 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. �,tY IA ,, (10:,;!....- Ll x0.114PS d 6r C ®�,,r �. „':on,. „C� o° epM, �1 4 w eo.l 4,.„ 7 F oar a t �� P 1 �° spa+ . , g �: e�►d 4r a �: 7 , 1 .. a ,4 i rgg,w ' IMO • p. �= ( lg7g 7Gp Paul A. Bergenholtz, Assistant Secretary John P. Hyland, Assistant Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 19 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. o�fff�///��� • r 7P'4 ;y x xormr ll �t/ 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 January 11 th, 2008 . Signed and sealed at the City of Hartford. �q ,0 SY I✓r� - 0 .i l EPS C C, _,{” u tf iii‘ v 4.0.0. 4 e ,`• [ 054, � a',�axle,e,cr �+alari' � t9 4� � i xi77`� )” g r % %m sy 1 ♦ S "" '. x '` 4 , ,°`° ''a�A 'Arab ' ,', . `I . 40 y�� : , 2 349 - • C Le_L „ rte 7 - 4 �0 � Colleen Mastroianni, Assistant Vice President SAN SABF CONSTRUCTIOV SERVICES INC 3100 INDEPENDENCE PKWY 311 MBN -314 Plano, Texas 75075 972 - 509 -8889 972 - 509- 8088(FAX) CONTRACT AND SALES PROPOSAL 1 of 1 Client: DUKE Page: Project: POINTE WEST VII Date: 8/21/2007 COPPELL TEXS By: BB Job #: ITEM DESCRIPITION UNIT PRICE TOTAL PUBLIC WATER 16 X 12 TAP AND VALVE 3 EA $ 4,500.00 $13,500.00 12" DR -18 PVC WATER PIPE 100 LF $ 39.00 $3,900.00 12" DETECTOR CHECK AND VAULT 3 EA $ 12,500.00 $37,500.00 2" DOMESTIC WATER SERVICE 1 EA $ 1,400.00 $1,400.00 2" IRRIGATION SERVICE 2 EA $ 1,250.00 $2,500.00 4" DR -14 PVC WATER 40 LF $ 25.00 $1,000.00 TOTAL FOR PUBLIC WORK $59,800.00 PUBLIC SEWER CONN TO EXIST 1 EA $ 1,250.00 $1,250.00 12" SDR -35 SEWER 1236 LF $ 40.00 $49,440.00 MANHOLES 3 EA $ 2,800.00 $8,400.00 6" LATERAL STUBOUTS 3 EA $ 500.00 $1,500.00 TOTAL FOR STORM DRAIN $60,590.00 SUB -TOTAL FOR PUBLIC WATER $59,800.00 SUB -TOTAL FOR PUBLIC STORM $60,590.00 TOTAL PROJECT $120,390.00 MAINTENANCE BOND Bond No. 46BCSEW0433 KNOW ALL MEN BY THESE PRESENTS, That we, Potter Concrete. Ltd., 4820 Gretna, Dallas, TX 75207 (hereinafter called the "Principal ") as Principal, and the Hartford Casualty Insurance Company , a Corporation dully organized under the laws of the State of I diana and 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, 255 Parkway Blvd., Coppell, TX 75019 (hereinafter called the "Obligee "), in the sum of Eleven Thousand Two Hundred Thirty -Eight And 50/100ths 011,238.50 ) for the payment of which are 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, firmly by these presents. Signed and sealed this 23 rd day of January 2008 THE CONDITION OF THIS OBLIGATION is such, that WHEREAS, the said Principal has heretofore entered into a contract with Duke Construction dated 3/19/2007 , for Six (6) city approaches for Hemispheres at Point West WHEREAS, the 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) years from date of completion and acceptance, normal wear and tear excepted. 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, tomado, 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. It is further understood and agreed that the total liability of the surety under this bond shall in no event exceed the sum of Eleven Thousand Two Hundred Thirty -Eight And 50/100ths ($11,238.50) Dollars. No right of action shall accrue upon or by reason of this obligation, to or for the use or benefit of any person, firm or corporation, other than the obligee herein named. POTTER CONCRETE, LTD. HARTFORD CASUALTY INSURANCE COMPANY ,inatur Blocks' Principal Surety ('0T1 :/ CINiR . L P. 3v: ho' 'r " • fret - 7, /y ent LC, General Partner By:' By: rL_ _ _ � -�, Michele Degnon A .' ey -in -Fact Direct Inquiries/Claims to: POWER OF ATTORNEY THE HARTFORD BOND, T-4 P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888 - 266 -3488 or fax: 860- 757 -5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 46- 461496 H artford Fire Insurance Company, a corporation duly organized unck r the laws of the State of Connecticut P X I Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of litdiana [_J Hartford Accident and indemnity Company, a corporation duly organized unctcr the laws of the State of Connecticut j ] Hartford Underwriters Insurance Company. a corporation duly organized under the laws of the State of Connecticut T win City Fire Insurance Company, a corporation duly organized under the laws oldie State of Indi na F H artford Insurance Company of Illinois, a corporation duly organized under the laws ofthe State °I lllinois Hartford Insurance Company of the Midwest, a corporation duty organized under the laws ofthe State of Indiana 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: Dennis Dowd, John D. Fulkerson, Kae Perdue, Tom P. Ellis, 111, Donnie D. Doan, Michele Degnon, Debbie Smith of Dallas, 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 July 21, 2003 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. y �,SY i•� -' ' S� , trT 0 0 9�� tes , r.� .1r a 4 r�"a 4 „,. 4 �, ri- 74;4, F 5 A i...1 ; o . y ¢ , Veit f, r ...t e..tv„r. -1 n a 14{!?' w ,��,1 x f ' ! F �',t t 8 t 9 6 7 • f r ti " p i' %, h t .;l �cow�oanrt t • en d r , . r ,:J� . i.l ,\=,.rtt,m4 f� • ��arN1 „ � t a 7 9 t , t }•. 1 0 " 7 t = � f ; . » Q 1/V i \� .. l - -.. ; Pi t o • \;',,"!..- .. M4Iii ,t "„° w i i1rA-,;' Pau! A Bergenholtz, Assistant Secretary David T. Akers, Assistant Vice President STATE OF CONNECTICUT s5, Hartford COUNTY OF HARTFORD On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say. that he resides in the County of Hampden, Commonwealth of Massachusetts; 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, r> 7grMY �t. ..7 i hl ` Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 200 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 January 23, 2008 Signed and sealed at the City of Hartford. 4 •j,S �✓;,.84. fi} :r a ` :tii r p y 'a� r �� � ' � � r t �+ t — : ./.t.°a? r,t„...' ... o '•' r .. r @ 7.. r _ � S ` ;',„,4!:',L.,,,:\A � isbfrio i t g e ,' .. �'"' -� 0 7 / . "t a , +,7"4 �tY t yeDa.OW17K .. saps I 1ti-t% r* ' r • ' . .'1 s } b t u y s ' ,. A. r7.;y3F�r•. a/a \I 01 0 ?€ o ' + �" \ o • - ^.. i r. . AO • lee pa p,. .y . ' o ^ y . y a`.f Gary W. Stumper, Assistant Vice President POA 2005 IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja. You may contact your agent. Puede comunicarse con su agente. You may call Hartford Insurance Group at the toll free telephone number for information or to Usted puede Ilamar al numero de telefono make a complaint at: gratis de The Hartford Insurance Group para indormacion o para someter una queja al 1- 800 - 392 -7805 1- 800 - 392 -7805 You may also write to The Hartford: Usted tambien puede escribir a The Hartford. The Hartford Hartford Financial Products The Hartford Hartford Financial Products 2 Park Avenue, 5 Floor New York, New York 10016 2 Park Avenue, 5 Floor 1- 212 - 277 -0400 New York, New York 10016 1 -212- 277 -0400 You may contact the Texas Department of Insurance to obtain information on companies, Puede comunicarse con el Departamento de coverages, rights or complaints at: Seguros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al: 1 -800- 252 -3439 1- 800 - 252 -3439 You may write the Texas Department of Puede escribir al Departamento de Seguros de Insurance Texas P.O. Box 149104 P.O. Box 149104 Austin, TX 78714 -9104 Austin, TX 78714 -9104 Fax Number (512) 475 -1771 Fax Number (512) 475 -1771 Web: http: / /www.tdi.state.tx.us Web: http: / /www.tdi.state.tx.us E -mail: ConsumerProtection @tdi.state.tx.us E -mail: ConsumerProtection @tdi.state.tx.us PREMIUM OR CLAIMS DISPUTES: Should DISPUTAS SOBRE PRIMAS 0 RECLAMOS: you have a dispute concerning your Si tiene una disputa concerniente a su premium or about a claim you should prima o a un reclamo, debe comunicarse contact the agent first. If the dispute is not con su agente primero. Si no se resuelve la resolved, you may contact the Texas disputa, puede entonces comunicarse con Department of Insurance. el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso This notice is for your information only and es solo para proposito de informacion y no does not become a part or condition of the se convierte en parte o condicion del attached document. documento adjunto. F- 4275 -1, ./TX4275 -1 HR 42 H006 00 0807 DUKE CONSTRUCTION 14241 N. Dallas Parkway, Suite 1000- Dallas, TX 75214 Phone: 972 - 361 -6700 Fax: 972 - 361 -6800 • TO: City of Coppell Engineering Department LETTER OF TRANSMITTAL 255 Parkway Blvd. DATE: January 29, 2008 P.O. Box 9478 Coppell, TX 75019 JOB NUMBER: PWT007 -000 Attn: Mr. Larry Davis JOB NAME: Hemispheres at Point West VII VIA: Delivery WE ARE SENDING YOU: SHOP DRAWINGS PRINTS SAMPLES PLANS COPY OF LETTER 1 1 CHANGE ORDER SPECIFICATIONS 1 x I OTHER (see below) COPIES DATE NO. DESCRIPTION ACTION 1 1 Maintenance Bond for San Saba Construction 1 2 Maintenance Bond For Potter Concrete 1 3 Detention Pond Conformance Letter 1 4 Record Drawings 1 5 CD containing CAD files of Record Drawings THESE ARE TRANSMITTED AS CHECKED BELOW: A. Reviewed 1 I B. Make corrections as noted 1 1 C. Returned for corrections D. Rejected 1 1 E. Resubmit _._ copies for approval F. Submit copies for distribution G. Return corrected prints 1 H. For approval x I For your files and/or job use J. For your estimating use 1 1 K. For review and comment L. Other (see below) REMARKS Larry, attached are the closeout documents per your request. Please let me know if you require any further information. Thanks again for your help. Signed: Paul Byrne, Project Manager cc: Job File (1)