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Gateway BP(3.1)-CS080326 THE.CiTY.OF COPPELL March 26, 2008 Jerry Burk, Project Manager Constructors & Associates, Inc. 3333 Welborn Street, Suite 200 Dallas, TX 75219 RE: Gateway Business Park No.3, Lots 1 & 2 Block A Final Acceptance Letter Dear Mr. Burk: 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 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. L avis Cons ruction 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 255 PARKWAY * P.O.BOX 9478 * COPPELL TX 75019 * TEL 972/462 0022 * FAX 972/304 3673 MAINTENAN CE BOND 46BSBEY5504 STATE OF TEXAS } COUNTY OF DALLAS } SOW ALL IV11 BY THESE PRESENTS:. THAT Murray Construction, Inc. aS Principal, and Hartford Casualty Insurance Company ♦ a corporation organited =al= the laws of Conn. do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Coppell r a Municipal Corporation, Texas, the sum of Seventeen Thousand Five Hundred and no /100 Dollars and Cents ($ 17,500.00-- ) , for the payer of which sum will and truly be ma mite, said City of Coppell , and its successors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. T IS obligation is conditioned; however, that whereas, the said Murray Construction, Inc. has this day entered into a written contract With TDC Gateway Business Center L.P. 10 b1lIld d CO 30 Gatewa Business Park No. 3 whirl coact and the pions .. and specifications therein mentioned adopted City of Coppell r by the are hereby expressly made a. pert thereof as through the sane were 'written and embodied herein. 'WEIERRAB, unr the peens, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein Contracted to be dome and perfOrtned, for a period of two (2) years from the date of the ileCepianez of said work, and to do all necessary .repairs antl/o r r onstruction in whale or in part of said rmproverneuts that should be occasioned by settlement of tbundation, defective construction , or any workmanship' � fmnishcd in the Y l� thereof or any of the accessories thereto Constructed by the Contractor. It .being understood that the purpose of this section is to cover all defective :conditions stising by reason of defective material and Charge the same against the said Contractor, and sureties on this obligation, and the said Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said contact for each day's failure on its' part to comply with the tams of said Maintenance bond Page 1 2f 2 Provisions of said =tract Now th efine, if the said for shall keep and perform its' said agreement to maintain said work and keep same in repair for the said maintertarce period of two (2) years, as provided, then those presents sty'tl be Hilt and void, and have not firrther eft but ifdefatilt .shall be made by the said Contractor in the performance of it contract to so Maintain and repair said work, then these presents shall have full force and effect, and said Clty of Coppell sue: have aatl receive from the said Contractor and its' principal and sureties damages in the pre en,: as provided; and it is further agreed that this obligation shall be a contiiuing one agatnst the primal and sureties, hereon, and that successive recoveries may be and had' heron for . successive ttranelies until the foil amount shall .have been exhausted; and it is further understood that the obligation herein to maintain said work shalt Comae ° throtighbout said maintenance period; and the same shalt not be - changed, diminished or in any manner affected from any came during said tine. vvrimiss wigamo, or saki Murray Construction, Inc. }aS anti these presents to be eked by and dig said Hartford Casualty Insurance Company has caused these presents to to executed by its Ai orney in. fact and the said Attorney in fact Brady Cox. _ has hereunto set his band, die 15th day of February 20 08 1 . PRLNCLPAL SURETY Murray Construction, Inc. Hartfoca.Casialty Insur.nce j mpany By t 41.4.diAL Title: y PES fpE1J , _ . Title; Bra•, Cox Attorne -. -Fact WITNESS; A 1 Lt ME- Dole of blairstErscowe Bald rIgiss hot to prior to date crf Cortraa. Direct Inquiries/Claims to: POWER OF ATTORNEY THE HARTFORD BOND, T-4 P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 KNOW ALL PERSONS BY THESE PRESENTS THAT: call: 888 - 266 -3488 or fax: 860 - 757 -5835 Agency Code: 46- 503378 X I Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut X I Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana I Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut I Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut I Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana I Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois j Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana I 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: William D. Baldwin, Suzanne C. Baldwin, Michael B. Hill, Holly Hart, Brady Cox, Phyllis Scurlock, Yesenia B. Arevali, Brent Baldwin, Brock Baldwin, Tabitha McNamee of Richardson, 7X 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 January 22, 2004 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. • ...„...z 3 1 1 i !!/? ' } • 1 C ' ( X ; �.. ' . ve • �M1h 'al gat %MO •'� ,_, ' / 4) Q • Paul A. Bergenholtr, Assistant Secretary M. Ross Fisher, Assistant Vice President STATE OF CONNECTICUT , } ss. Hartford COUNTY OF HARTFORD ) On this 1 day of February, 2004, before me personally came M. Ross Fisher, 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. f .nom /'_ uoup • Scott E. e Not ary Public CERTIFICATE My Commission Expires October 31, 2012 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 Signed Power rod tt a at the execut ed by Hartford. ido Companies, which is still in full force effective as of February 15ih, 20 "6 . ql , 10 i r 1 / 7 , '•, h • �v�' � � pr► .� R ; 3.a 1 i :. 4 . t, � � \ -'�'!� r 1, �� �nrlr,n� � • •••,76,0. ' a 1 0 r 1 7: . : t • i Gary W. Stumper, Assistant Vice President IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una You may contact your agent. queja. You may call Hartford Insurance Group at the Puede comunicarse con su agente. 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 1 -800- 392 -7805 indormacion o para someter una queja al 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 You may contact the Texas Department of 1- 212 - 277 -0400 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: htt: / /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 w THE Producer Compensation Notice H ARTFORD You can review and obtain information on The Hartford's producer compensation practices at www.thehartford.com or at 1- 800 - 592 -5717. HR 00 H093 00 0207 © 2007, The Hartford Page 1 of 1 s. HE ' " Tit F D Claims Inquiries Notice 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 Hartford Underwriters Insurance Company Hartford Insurance Company of the Southwest Please address inquiries regardingClaims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number: : 888 -266 -3488 Fax — Claims 860 - 757 -5835 or 860 -547 -8265 E -mail bond.claims(a,thehartford.com Mailing Address : The Hartford BOND, T - 690 Asylum Avenue Hartford, CT 06115 Claims Inquiries Notice 2003 00 0 0 M o a..' o o ° ° 0 �V� cri vi C N {"1 Cti co � j © • p 0 a 1 I U) 44 43 69 69 69 69 69 69 69 69 64 69 69 64 69 89 64 H ca 4) O O O O O 000000 0 0 0 0 0 0 0 0 'f) O 0 0 0 0 0 0 O 4) 8 O 4) • - m o 1 1 as 4- o 0 co 47 m o 0) 0 0 0 0 0 0 'h N h 4) 0 c0 01 M CO 0) 0 c'M 0 N N 0 60 / 1 >+ 1r F N h• N .sf o f- o O N C CO CO O 4) iy N (o O .412 1 <D O N r N co O N P) 47 '� • N p ca > :: Lo 07 r O 0 O O 69 69 69 69 69 69 69 to 69 69 69 69 69 69 69 E9 69 69 CO c Y E '- - I 0 0 0 0 0 O O O O O O N O O O O d a d .+ O 00 �i = Cl- ca F- I- Cti _y 0. a M rc N N c u M C) o e - r Y y� O N. 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LO r N CO d' Lo (D L� CO Q) O .— N 288 N O o 0 0 0 O o 0 0 0 0 o O o .— .— T- MAINTENANCE BOND Bond No. S -905 2246 KNOW ALL MEN BY THESE PRESENTS, That we, Osburn Contractors, Inc., 1917 Copper St., Garland, TX 7.5042 -6675 (hereinafter called the "Principal') as Principal, and the Washington International Insurance Company , a corporation duly organized under the laws of the State of Arizona 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, Texas (hereinafter called the "Obligee "), in the sum of Two Thousand Five Hundred And No /100ths ($ $2,500.00 ) 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 13th day of March NOR THE CONDITION OF THIS OBLIGATION is such, that WHEREAS, the said Principal has heretofore entered into a contract with Constructors and Associates dated 3/06/2007 , for Paving at Gateway Business Center, Connell, TX WHEREAS, the obligee has requested that said work be guaranteed against failure because of defective workmanship or material, performed or fumished by said principal for a period of 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, not 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 Two Thousand Five Hundred And No /100ths 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. Osburn Contractors, Inc. Washington International Insurance Company Principal Surety By: / 4 L Sandra Lee Roney Atto*iey -in -Fact NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: SAMMY JOE MULLIS, JR., JOHN WILLIAM NEWBY, ROBERT DONALD HURST, PATRICIA LEE BARTLETT JULIE STORM, WILBERT RAYMOND WATSON, CAROLYN J. GOODENOUGH and SANDRA LEE RONEY jointly or severally Its true and lawful Attorney(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TEN MILLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24 of March, 2000: "RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." � G IALI7Yr cr. • b tt9a� 4 r'• � t p�,ay = ` SEAL . • Q = Steven P. Anderson, President & Chief Executive Officer of Washington International Insurance Company & 3 Nt IAi'1POi3W'17 S • .73 _` ,Z, 19 = 3 ��L l,'3`N 5 'AY ° "" Vice President of North Americo Specialty Insurance Company y�dA„A knatiotto By # ' 444 .1.,0 0, David M. Layman, Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 23rd day of .ia,nuary __ 2006 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 23rd day of January 20 06 , before me, a Notary Public personally appeared Steven P. Anderson President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICIAL SEAL"' SUSAN APfStt. ..-�- +totary Polk, Slav! tlirtais Susan Ansel, Notary Public *Commission Expires 7i6i1008 I, James A. Carpenter , the duly elected Assistant ecretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 13tIUay of March , 20 08 . lames A. Carpenter, Vice President & Assistant Secretary of Washington international Insurance Company & North American Specialty Insurance Company ummumminim IMPORTANT NOTICE AVISO IMPORTANTE In order to obtain information or make a complaint: Para obtener informacion o para someter un queja: You may contact Jim Carpenter, Vice President - Puede comunicarse con Jim Carpenter, Vice Claims, at 1- 800 - 338 -0753. President - Claims, al 1- 800 -338 -0753. You may call Washington International Insurance Usted puede llamr al numero de telefono gratis de Company and /or North American Specialty Washington International Insurance Company Insurance Company's toll -free number for and /or North American Specialty Insurance information or to make a complaint at: Company's para informacion o para someter una queja al: 1- 800 - 338 -0753 1- 800 -338 -0753 You may also write to Washington International Usted tambien puede escribir a Washington Insurance Company and /or North American International Insurance Company and /or North Specialty Insurance Company at the following American Specialty Insurance Company al: address: 1200 Arlington Heights Road #400 1200 Arlington Heights Road #400 Itasca, IL 60143 Itasca, IL 60143 You may contact the Texas Department of Insurance Puede escribir al Departmento de Seguros de Texas to obtain information on companies, coverages, rights para obtener informacion acerca de companias, or complaints at: coberturas, derechos o quejas al: 1- 800 -252 -3439 1- 800 -252 -3439 You may write the Texas Department of Insurance: Puede escribir al Departmento de Seguros de Texas: P.O. Box 149104 P.O. Box 149104 Austin, TX 78714 -9104 Austin, TX 78714 -9104 Fax: (512) 475 -1771 Fax: (512) 475 -1771 Web: http: / /www.tdi.state.tx.us Web: http: / /www.tdi.state.tx.us E -mail: E -mail: ConsumerProtection (a� tdi.state.tx.us ConsumerProtection(i tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Should you have a dispute concerning your premium or Si tiene una disputa concerniente a su prima o a un about a claim you should first contact the Washington reclamo, debe comunicarse con el Washington International Insurance Company and /or North International Insurance Company and/or North American Specialty Insurance Company. If the American Specialty Insurance Company primero. Si dispute is not resolved, you may contact the Texas no se resuelve la disputa, puede entonces comunicarse Department of Insurance. con el Departmento de Seguros de Texas. ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: This notice is for information only and does not become Este aviso es solo para proposito de infromacion y no se a part or condition of the attached document. converte en parte o condicion del documento adjunto. 5 ; x n '!` . r,..,- .:acne 0 C ONT -:': March 20, 2008 Neal E. Vogel Constructors & Associates 3333 Welborn, Ste. 200 Dallas, TX 75219 Re: Maintenance Bond # S -905 2246 Mr. Vogel, below is a breakdown of labor and material for the Paving located @ Gateway Business Center in Coppell Texas. Labor 2000 sq.ft. @ $1.25 sq.ft. $2500.00 Material 2000 sq.ft. @ $1.25 sq.ft. $2500.00 $5000.00 Maintenance Bond 2 years @ 50% Th ou, i .� `� -'� Dave Osburn A\ 1917 Copper • Garland, D( 75042 • 972.205.9086 • Fax 972 CIC ` www. osbu mcontracto rs. com