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Coppell/121 Off Pk-CS090109 ~ "Duplicate Original" MAINTENANCE BOND Bond No. S-903 2702 STATEOFTEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: THAT Lonestar Underground, Inc. P.O. Box 506, Frisco TX 75034 Washington International Insurance Company as Principal, , a corporation organized and under the laws of Arizona , as sureties, do hereby expressly acknowledge themselves to be held. and bound to pay unto the City of Coppell, TX a Municipal Corporation, Texas, the sum of Sixty-Two Thousand Five Hundred and 00/100 - - -- Dollars and ) , for the payment of which sum . and its successors, said Cents ($ 62,500.00 will a.nd truly be made unto said City of Coppell, TX principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. TIllS obligation is conditioned; however, that whereas, the said Lonestar Underground, Inc. has this day entered. into a written contract with the said Salyer & Associates, 2557 SW Grapevine Pkwy., #200, Grapevine TX 76051 to build and construct Water and Sanitary Sewer Utilities Installation, RCP Coppell #1, Ltd, 370 W. Hwy 121, Coppell TX 76304 which contract and the plans and specifications therein mentioned, adopted by the are hereby expressly made a part thereof as through the same were written and embodied herein. WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairs and/or reconstruction in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part 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 arising 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 contract for each day's failure on its' part to comply with the terms of said Maintenance Bond Page 1 of 2 provisions of said contract. Now, therefore, if the said Contractor shall keep and perform its' said a.greement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by the said Contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said City of Coppell, TX shall have and receive from the said Contractor and its I principal and sureties damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing one against the principal and sureties, hereon, and that successive recoveries may be and had hereon for successive branches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said Lonestar Underground, Inc. caused these presents to be executed by and the said Washington International Insurance Company be executed by its Attorney in fact and Krystal Lea Weber has hereunto set his May ,2005 has has caused these presents to the said Attorney in fact hand, the 20th day of PRINCIPAL SURETY B~on~~d' Inc. Title: 'lIef., Dt:iJr Washington International Insurance Company BY:~. (~~~^--' Title: Krystal Lea Weber, Attorney-in-Fact Witness: WITNESS: Carol Goodenou NOTE: Date of Maintenance ROM must not be prior to date of Contract. Maintenance Bond Page 2 of 2 ----- POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE.COVERAGE ENDORSEMENT Coverage for acts of terrorism as defined in 9 102(1) of the Terrorism Risk Insurance Act of 2002 ("the Act") is already included in this surety bond. You should know that, effective November 26, 2002, under your existing coverage, any losses caused by certified acts of terrorism would be partially 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 insurance company providing the coverage. The portion of your annual premium that is attributable to coverage for acts of terrorism is ~ As your insurance/surety company we are sending you this notice.to comply with the Terrorism Risk Insurance Act of 2002. For questions regarding this notice please visit our website www.nassuretV.com or you may call our office at 630- 227- 4825. ' REV: 2/03 agent notice 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 eorporation organized and existing under the laws of the State of Arizona and having its principal office in the City ofItasca, 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 KRYST AL LEA WEBER,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 undcrtaking or contract or suretyship executed under this authority shall cxcced the amount of: TEN MILLION (10,000,000.00) DOLLARS This Power of Attorncy is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Dircctors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March, 2000: "RESOL VED, that any two of the President, any Exccutive Vice President, any Vice President, any Assistant Viee President, the Secretary or any Assistant Secretary be, and eaeh 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 bc 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." .\.\\\\\\\lUIIIII11111I. R J ~/ ~~~!~tl'#,,,, ~..... C,IJIUTI' Ih~~ By ."t--' /J . .... ;II '+ ". ~ t~.:.P:POitt;="'~ -....r i'E ~ '1:. l~~"(y ~"'~~ I "'F. ~ \ --"" t.' SEAL i.<t.oS_ !1I: CORPORATE l\! raul D. Amstutz, Presideat '" Chid Executive omcltr orWalblDe!oa Intenatlonar Insurance CompaD)' '" _ .. ~~;~ 11173 "'!:;~ Vice PreoideDt orNortll Amerlcan Spedalty In.urante Company !J, SEAL f:~ \;~:.l~It~~~~~o$ acz \, AIlllOIlA...., ,I"l ~~~......,.:;.a.'>l-~ ....'" _... \-....;, ~IJ:"'UN" Jl3"'.~,~~ ~'''' * ,,,....... 1/"mllln\\\\\\'\ By .- "''''''u,'''~\ Strna P. Andrnoa, Eleeutlve Vln Presidrat or WahlagloD JDtrrnatiooallasunare Compaay " Vier Presldeat or Nor1h American Speeialty InSUf8DCe 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 offieers this ~day of November ,20..Q!.. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page On this ~ day of November , 20~, before me, a Notary Public personally appeared Paul D. Amstutz ,President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P. Anderson Executive 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, acknowlcdged 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. ss: -- _A-' --'_01-"- .,,~--..... ~ a-c:Y'~ Yasmin A. Patel, Notary Public I, James A. Camenter ,the duly elected Assistant Secretary 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 20thday of May ,2005. ~~~~ Jam~ A. ClllpCDlCr, Vice fIQidall &. AssisWlt Sc:cretaJy ofWashiogton Inlernational Insuran~ COIDp"ny &: Assistant Secretary of North American Specialty Insurance Company . ...------ IMPORTANT NOTICE In order to Obtain Information or Make a Complaint: You may call Washington International Insurance Company and/or North American Specialty Insurance Company at the following toll-free number: 800/338-0753 or You may write to them at the following address: Washington International Insurance Company NAS Surety Group 1200 Arlington Heights Road #400 Itasca, IL 60143 You may also contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800/252-3439 You may write the Texas Department of Insurance at the following address: POBox 149104 Austin, TX 78714-9104 j)'j(/<(~j( i::>>(~f1';/ 7YJA:J "FJj/fY'v&; ~~~' l~q ~33-776G ~~