Alexander Ct-CS080723
THE-CITY.OF
COPPELL
July 23,2008
John Hawkins
Mira Mar Development Corp.
6003 Sunderland Drive
Colleyville, TX 76034
RE: Alexander Court
Final Acceptance
Dear Mr. Hawkins:
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 record drawings
have been received. Maturity on the bonds will be two years from the date of this letter.
Maturity on the Erosion Control Bond will also 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.
Sincer, ~ ~
-----
------
La Davis
Con truction 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
MAINTENANCE BOND
Bond No. MNT8928630
KNOW ALL MEN BY THESE PRESENTS, That we, Barson Utilities, Inc., 5326 West Ledbetter,
Dallas, TX 75236 (hereinafter called the "Principal') as Principal, and the
Fidelity and Deposit Company of Maryland , a corporation duly
organized under the laws of the State of Maryland 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 One Hundred Forty -Four Thousand Seven Hundred Forty -Seven And No /100ths
($ 144,747.00 ) 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 26th day of June 2008
THE CONDITION OF THIS OBLIGATION is such, that WHEREAS, the said Principal has heretofore
entered into a contract with Miramar Development Corporation dated
November 27, 2007 , for Water, Sewer and Storm Drain for Alexander Court, Coppell, Texas,
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 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 Toss 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, 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 One Hundred Forty -Four Thousand Seven Hundred Forty -Seven 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.
Barson Utilities, Inc. Fidelity and Deposit Company of Maryland
Principal Surety
By: \, 0
By:�;� .gyp <5a 6
„✓�
70,-7 Patricia Lee Bartlett Attorney-in -Fact
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S : + t aryland, by WILLIAM
J. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary, in purs .111 Ogr • ranted by Article VI,
Section 2, of the By -Laws of said Companies, which are set forth on t '� t . F `�'- - o an reby certified to be in
full force and effect on the date hereof, does hereby nomina - '•`a + + . +, ":po' w q � 1:r LL IS, JR., John
William NEWBY, Robert Donald HURST, Pa '' Q' 1 ``'5" • T .qe' j t 11� +nd WATSON, Carolyn J.
GOODENOUGH, Julie P. STORM s �" an+ J 'I Y, all of Addison, Texas, EACH its true
and lawful agent and Atto - i +{� • + �: , ex- + - - I + e e er, for, and on its behalf as surety, and as its act and
deed: any and all :.' �a : su er a t _,7 7onds on behalf of Independent Executors, Community
'
Survivors and Co + y u : + it O d ."=` execution of such bonds or undertakings in pursuance of these presents,
shall be as binding u :,0 gat m1 T es, as fully and amply, to all intents and purposes, as if they had been duly executed
and acknowledged b Tr , i - gularly elected officers of the Company at its office in Baltimore, Md., in their own proper
persons. This power of attorney revokes that issued on behalf of Sammy Joe MULLIS, JR., John William NEWBY, Robert
Donald HURST, Patricia Lee BARTLETT, Wilbert Raymond WATSON, Carolyn J. GOODENOUGH, Julie P. STORM,
Troy Russell KEY, Sandra Lee RONEY, dated May 4, 2006.
The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY, this 24th day of September, A.D. 2007.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
��q� COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
DEPp .
r Cp '� 4 f �. MrM V
ro
86AL
O
U B
Gerald F. Haley Assistant Secretary William J. Mills Vice President
State of Maryland ss:
City of Baltimore f
On this 24th day of September, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the
preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the
preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
12Ci )4 4, 1Cv %
: •/
Maria D. Adamski Notary Public
My Commission Expires: July 8, 2011
POA -F 168 -0016A
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
EXTRACT FROM BY - LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of
Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who
executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors
to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 26th day of June 2008
Assistant Secretary
ICI
Fo D Fidelity and Deposit Company of Maryland
` 9 1 4 Home Office: P.O. Box 1227, Baltimore, MD 21203-1227
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call the Fidelity and Deposit Company of Maryland or Colonial American Casualty and
Surety Company's toll -free telephone number for information or to make a complaint at:
1 800 - 654 - 5155
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:
P.O. Box 149104
Austin, TX 78714 -9104
FAX # (512) 475 -1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or
about a claim, you should first contact Fidelity and Deposit Company of Maryland or Colonial,
American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas
Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY; This notice is for information only and does
not become a part or condition of the attached document.
38543gT70 (04/00)
MAINTENANCE BOND Bond 08919346
KNOW ALL BY THESE PRESENTS, That we, JRJ Paving, LP.
as Principal, and Fidelity and Deposit Company of Maryland
a corporation organized under the Taws of the State of Maryland and duly authorized to do business in
the State of Texas , as Surety, are held and firmly bound unto
City of Coppell
as Obligee, in the penal sum of Two Hundred Eighteen Thousand, Seven Hundred Forty Three and 47/100
(S218,743.47 )
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, firmly by these presents.
WHEREAS, the said Principal entered into a Contract with the
Barson Utilities, Inc. dated November 19, 2007
for
Alexander Court
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 14th day of May 2008
JRJ Paving, LP
By: (Seal)
Marty Murphy, M er /Estimating
Fidelity and Deposit Company of Maryland
By . L2Z'/I
Chris ine Davis Attorney -in -Fact
F D Fidelity and Deposit Companies
Home Office: 3910 Keswick Road Baltimore, MD 21211
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call the Fidelity and Deposit Company of Maryland, Colonial American Casualty and
Surety Company, and/or Zurich American Insurance Company's toll -free telephone number for
information or to make a complaint at:
1- 800 - 654 -5155
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:
P.O. Box 149104
Austin, TX 78714 -9104
FAX # (512) 475 -1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or
about a claim, you should first contact Fidelity and Deposit Company of Maryland or Colonial
American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas
Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does
not become a part or condition of the attached document.
S8543f(TX) (08/01)
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S .1E aryland, by M. P.
HAMMOND, Vice President, and ERIC D. BARNES, Assistant Secretary, in pu'r�; o a . R i►i�' % _ranted by Article VI,
Section 2, of the By -Laws of said Companies, which are set forth on t ., • here() .ns : j reby certified to be in
•.r
full force and effect on the date hereof, does hereby nomina • ( ��! t i .,,, :+•po' • '' t''��,'' 1 on E. CORNELL,
Robbi MORALES, Lisa M. BONNOT, Ricar '; +;tti , e J y��, �`e ' hristine DAVIS, all of Dallas,
Texas, EACH its true and lawful agen ie {its t r act t t r �`1r•, and deliver, for, and on its behalf as
surety, and as its act and de- • • -1 , 'i�P TIT ds g C . n XCEPT bonds on behalf of Independent
Executors, Comm ,� �, �,,vo and � "� , r \ r i 'ans. and the execution of such bonds or undertakings in
pursuance of these s s, ..1.0A. i ' n� pon said Companies, as fully and amply, to all intents and purposes, as if
they had been duly e a t , titt aI Iwledged by the regularly elected officers of the Company at its office in Baltimore,
Md., in their own prs s r , -rsons. This power of attorney revokes that issued on behalf of Jerry P. ROSE, Don E.
CORNELL, Robbi MORALES, Lisa M. BONNOT, Chris J. KUTTER, Luke J. NOLAN, JR., Christine DAVIS, dated March
30, 2006.
The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY, this 20th day of March, A.D. 2007.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
rip DEP a n W 1()..(�
r t., r v two" O
° it SEAL
/l/'" By: V�
Eric D. Barnes Assistant Secretary M. P. Hammond Vice President
State of Maryland
City of Baltimore ss:
On this 20th day of March, A.D. 2007, before the subscriber. a Notary Public of the State of Maryland, duly
commissioned and qualified, came M. P. HAMMOND, Vice President, and ERIC D. BARNES, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the
preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the
preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
, nrrr,
Constance A. Dunn Notary Public
My Commission Expires: July 14, 2011
POA -F 168 -0589
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
EXTRACT FROM BY -LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of
Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who
executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors
to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this day of , � O'
J 2
Assistant Secretary
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Corporate Office
1111 North Post Oak Road
Houston, TX 77055
David Weekley Homes 713/963.0500
FAX: 713/963 -0322
July 18, 2008
City of Coppell
Attn: Keith Marvin
255 Parkway
Coppell, TX 75019
RE: Erosion Performance Bond for Alexander Court
Dear Mr. Marvin:
Enclosed is the Performance Bond required for the Alexander Court community. Should
you have any questions, please do not hesitate to call. I can be reached at 713 316 3104.
Sincerely,
Karen Mauer
Land Coordinator
Enclosure(s)
Z
411 1 �
Atlanta • Austin • Charleston • Charlotte • Dallas /Ft. Worth • Denver • Ft. Myers • Greater Hilton Head • Houston
Jacksonville • Orlando • Palm Coast • Panama City • Phoenix • Raleigh • San Antonio • Tallahassee • Tampa
Fo D Fidelity and Deposit Companies
Home Office: 3910 Keswick Road Baltimore, MD 21211
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call the Fidelity and Deposit Company of Maryland, Colonial American Casualty and
Surety Company, and /or Zurich American Insurance Company's toll -free telephone number for
information or to make a complaint at:
1- 800 - 654 -5155
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:
P.O. Box 149104
Austin, TX 78714 -9104
FAX # (512) 475 -1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or
about a claim, you should first contact Fidelity and Deposit Company of Maryland or Colonial
American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas
Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does
not become a part or condition of the attached document.
S8543f(TX) (08/01)
Disclosure Statement
ZURICH
Commercial Business - BO
ZURICH AGENT /BROKER COMPENSATION DISCLOSURE
Dear Policyholder:
On behalf of Zurich, we are glad you have chosen us as your insurance company. We look forward to meeting your
insurance needs and want you to understand clearly our business relationship with the agent or broker you chose to
represent your company's interests in the placement of insurance coverages.
As is the case with many insurance companies in the United States, Zurich distributes many of its insurance products
through agents or brokers. This means that your agent or broker is not employed by Zurich and, in fact, may represent
many insurance companies. Because we do not employ your agent or broker, the way they are compensated may
vary. We recommend you discuss these arrangements with your agent or broker.
Like many other insurers, when Zurich compensates your agent or broker, they may receive two types of payments.
The first type of compensation is known as "base commission," and the second is called "contingent compensation."
For an explanation of the nature and range of compensation Zurich may pay to your agent or broker in connection with
your business, please go to http: / /www.zurichna.com. Click on the information link located on the Agent/Broker
Compensation Disclosure section. Where appropriate, insert the Access Code provided below, and you will be able to
view this information. Alternatively, you may call (877) 347 -6465 to obtain this type of information.
Thank you.
Access Code: 2016074473
U -RET -E -402 -A CV/ (09/06)
Page 1 of 1
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S . aryland, by PAUL C.
ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of •u, •' tg , ■ Article VI, Section 2,
of the By -Laws of said Companies, which are set forth on the reverse - te,d _Ty�� .� : ere. ied to be in full force
and effect on the date hereof, does hereby nominate, consti ,f .�.i ha ! � T � '� 'N endy W. STUCKEY,
Lupe TAMAYO, Angela M. TINDOL, Patti • '. • , t �r�� , ,r y�LTS'i .Y, Margaret BUBOLTZ and
U. Theresa GARDNER, all of Roust 1 • ,tiea s,r i s i■ i►.: - and Attorney -in -Fact, to make, execute,
seal and deliver, for, and on an. , , . i e a : any and all bonds and undertakings, EXCEPT
bonds on behalf of<. i' .r � ynt" xec s,*11� y 1 urvivors and Community Guardians. and the execution of
such bonds or unde 1 -ors i . ,....invethwrpresents, shall be as binding upon said Companies, as fully and amply, to
all intents and purpo r40 y • . een duly executed and acknowledged by the regularly elected officers of the
Company at its offici"B-altimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of
Michael J. HERROD, Wendy W. STUCKEY, Lupe TAMAYO, Angela M. TINDOL, Patti A. EBARB, Lisa A. WARD,
Roger SMIDDY, Margaret BUBOLTZ, U. Theresa GARDNER, dated December 5, 2003.
The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY, this 14th day of May, A.D. 2004.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
'gy t te G t4,
33
...444 SEAL .
�
s 1l00 �
c.'41111.0.
Y Als
B
T. E. Smith Assistant Secretary Paul C. Rogers Vice President
State of Maryland ss:
City of Baltimore
On this 14th day of May, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY, to me personally lcnown to be the individuals and officers described in and who executed the
preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the
preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
c .4COS
. . 7 APy
Dennis R. Hayden Notary Public
My Commission Expires: February 1, 2009
POA -F 168 -7369
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
EXTRACT FROM BY - LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of
Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who
executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors
to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 26th day of June 2008
Assistant Secretary
ICI
PERFORMANCE BOND
GUARANTEEING PERFORMANCE
AND PAYMENT OF IMPROVEMENTS
Bond No. LPM8828199
KNOW ALL MEN BY THESE PRESENTS, that we, Weekley Homes, L. P. a Delaware
Fidelity and Deposit Company
limited partnership, as Principal and ( of Maryland ), a Corporation
organized and existing under the laws of the State of MD , as surety, are held and
firmly bound unto CITY OF COPPELL, TEXAS, 255 Parkway, Coppell, Texas 75019, as Obligee, in the
penal sum of ($8,950.00) lawful money of the United States of America, for the payment of which well
and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, Principal has agreed to warrant and repair:
ALL EROSION /STORMWATER CONTROLS (the "Improvements ")
located in Alexander Court, a community in the City of Coppell, Texas.:
WHEREAS, in the event of bankruptcy, default or other nonperformance by Principal, claims
against Principal or the development, Obligee may be left without adequate satisfaction.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that said
Principal shall maintain, the Improvements, and shall pay for the cost of all labor materials and equipment
furnished in connection with the maintenance and repair of said Improvements, and shall save the Obligee
harmless from any loss, cost or damage by reason of its failure to maintain said Improvements or by
reason of its failure to pay for the cost of same. If the Improvements are not maintained, or the costs for
same have not been paid, the Surety shall will pay The City of Coppell the full amount of this Bond.
PROVIDED FURTHER, that if any legal action be filed on this bond, the laws of the
State of Texas shall apply and that venue shall lie exclusively in Dallas County, Texas.
AND PROVIDED FURTHER, that the said surety, for value received, hereby stipulates and
agrees that no charge, extension of time, alteration or addition to the terms of any contract for the public
affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of such contract. This Performance Bond shall be in effect for a period
of two (2) years from the date of issuance.
This bond is given pursuant to the provision of Section 212.073 of the Texas Local Government
Code, as such may be amended from time to time.
Signed, sealed and dated this 17th day of July , 2008.
BUILDER'S NAME SURETY COMPANY'S NAME
WEEKLEY HOME • .P. Surety
Fidelity and Deposit Company of Maryland
By: i / By: lit • .9
John A. John .n 1 U. Theresa Gardner, Attorney - in - Fact
President an.
Chief Execut e Officer
S/ AdditnlLanguage /developmentbond Ft.Worth