Mercantile P2-CS090109
-..
MAINTENANCE BOND
BOND NO: 864552S
STATE OF' TEXAS }
COUNTY OF DALLAS }
~ DEVELOPERS SURETY AND INDEMNITY COMPANY
KNOW ALL MEN BY THESE PREsENTS: THAT
BVE PRECISION CONCRETE, INC.
as Principal.
, a cOl'pOroltion organized
UDder the laws of
do hereby expressly acknowledge lhemselves 10 be held and bound to pay Wlto the
CITY OF COPELL, TX . a Municipal Corporation. Texas. the l>-um of
*******TWO THOUSAND FIVE HUNDRED********* Dollars and
Cenrs ($ 2,500.00 ) . for the payment ()f which $um
will and trUly be made unto said CITY OF CaPELL, TX . and its successors. said
principal and suretics do hereby bind themselves, their assigns and successors jointly and
severally.
IOWA
. as .sureties,
THIS obligation is conditioned; bowever. that wher<:a$. the said
BVE PRECISION CONCRETE, INC.
this day entered into a
CITY OF COPELL, TX
A CITY SIDEWALK
which contract and the plans and. specifications thelCin. mentioned. adop'!oo by the
CITY OF COPELL, TX are hereby expressly made a part thereof as through the same
were written aqd embodied berein.
has
wriuen
contrnct
(0
with the said
build and conslnJct
WHEREAS. under the plans. Specifications. and contract. it is provided that the:
Contractor will maintain and keep in good repair. the work herein contrncrcd to be done and
performed, for a period of two (2) years from the date of the acccpmnce of said work, and to do
all necessary repairs 3Dd!or reconstruction in whole or in part of said improvements that should
be occasioned by settlement of foundation, ddeaive workmanship or materials furnished in the
consuuction or any part thex'eof or any of the accessories thereto constructed by the Contractor.
It being understood that the purpose of this section is to cover aU defective conditions arising by
reason of defective material and charge the same against the said Contrac1or. and sureties on this
obligation. and the said Contractor and sureties hereon shall be subject (0 rhe liquidation damagcs
mentioned in said contract for each day's failure on jts' p3rt [0 comply with the terms of said
Mainlcnancc BOlld
Page 1 of2
2
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provision.~ of said contract. Now, therefore, if the said Contractor sb<1l1 keep and perform irs'
said ;JgrceD'lent 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 funher
effect. bur if default shaH be made by the said Ccntractor in the performance of its' contract to SO
maintain and repair said work, then these presents shan bave fun force and effect, and said
CITY OF COPELL, TX shall have and roccive from tile said Contractor and ~' principal
and sureties damages in the premises, as provided; and j( is further agreed that this obligation
shall be a continuing one against tbc-principal and SUt'Cties. hereon, and that successive recOveries
may be and b3d hereon fot successive branches until the full amount sh:t.ll have been exhausted;
and it is fuxther understood that the Obligation herein to maintain said work shall continue
throughout said maintenance period, and the same sball not be changed, diminishal or in any
manner affecled from any cause during said time.
(N WITNESS WHEREoF,' the said BVE PRECISION CONCRETE, INC. has
caused these presents to be executed by VAN ESTEL
and the said DEVELOPERS SURETY AND INDEMNITY COMPANYhas caused tJJesc presents to
be executed by itS. Attorney' in fact and the said.. Attorney in fact
VALERIE ABER , bas hereunto set his hand, the 26th day of
JULY ,2005
PRINCIPAL
. SUJU:1Y
BVE PRECISION CONCRETE. INC.
By:Un ~dPJ
DEVELOPERS SURETY AND INDEMNITY COMPANY
By: L)a OLA.{i,~
Title: PRESIDENT
Titlc: ATTORNEY IN FACT
w~~~
W:~ ~.
~
NUI'E.: Dale (If Mainlrnancc Bond InMSt not be pMI' It) dart: ()fOmtraC/.
)
Moinl~nClIlCt: Bond
Page 2 of2
3
.......
----.
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 (949) 263-3300
BOND NO:
8645528
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint:
***Valerie Aber, Wayne Gutches, jointly or severally***
as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings
and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper
to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and
all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November I, 2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to
execute Powers of Attorney, qualitying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts
of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such
Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers 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 shall be valid and binding upon the corporation when so affixed and in
the future with respect to any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day of February, 2005.
O~
By:
By,~daAJ;~
Walter A. Crowell, Secretary
",........",'
~"",""'i AND J. ""'"
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$ ~ .....o~p R.4 ;-" ~ \
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=a:: OCT. :..(:
~ ~ ~ 10 ! C') 5
\~\ 1936 j~j
or. \)) '" ..' ~ $
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STATE OF CALIFORNIA
)
)SS.
)
COUNTY OF ORANGE
On February 1,2005, before me, Nita G. Hiffmeyer, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument
WITNESS my hand and official seal.
~..~...._._.~.~~i
118 ~MGM~;= I
NOIM'f PUBUC CAUFORNIA
. . ORANGE COUNTY
~ = COlI\I!I.lIqlir.. Jan. 10, 200ll ,
~~~~ ..........~
s_~;#.~
CERTIFICATE
The undersigned, as Executive Vice-President, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF
CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of
the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, the ~ day of
JULY
. 2005
By0 ~~
ID-1380 (Rev. 2/05)
r -
p
MAINTENANCE BOND
Bond No. S-903 2727
KNOW ALL MEN BY THESE PRESENTS, That we, .I. T. Dersner. Inc.
1032 W. Pioneer Pkwy., #400,
Arlington, TX 76013 (hereinafter called the .Principalj as Principal, and the
Washinl!ton International Insurance Comoanv
organized under the laws of the State of Arizona
, a corporation duly
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 75067
(hereinafter called the .Obligee-), in the
sum of Fifteen Thousand Three Hundred Twenty-Five And No/IOOths - _ _ _ _ _ _ _ _ _ _ __
($ $15,325.00 ) 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 23rd day of
June
,_2~
THE CONDITION OF THIS OBLIGATION is such, that WHEREAS, the said Principal has heretofore
entered into a contract with Messer roup, 533 E. Sandy Lake Rd., Coppell TX 75019
dated
06/0 I /2005
,for Mercantile Phase 11, Coppell TX
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 loss 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, 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 Fifteen Thousand Three Hundred Twenty-Five And No/IOOths _ _ _ _ _ _ _ _ _ _ __
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.
J. T. Dersner, Inc.
Principal
vk,c%4:-
Washington International Insurance Company
Surety
By:
By:
~
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 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 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 24th of March, 2000:
"RESOL VED, 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 exeeute 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 attachd."
~\"'\\\11II1If1IIII" ,r? '\ ~/ ~""~;~NZ",.t..,,
#~~~Jr.~~~ By ~ 0 $~m~ I",~,,'l.
~ ....CY -....j:;..'t.~ $",,". - ,~...
~3.... .. \ ~ ~ !.. COflPOilATE \ 'to ;,
== cJ: SEAL io = Paul D.Amstutz, Presldtllt" CbidEIKutiveOfficerofWalbin&tOD InlrnaUODallDsuranceCompaay &. ! e J ~ i
::i!.~ 1~3 .m", :... SEAL In.
s u,a,., .'0 fu.: [) S' Via PresideD. of Nort. American Specialty Insurance Company ... ~ ~ ::
~~'" ~ ~~.;..O$ acz \~~NllZOM",,,,~fJ
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By
Steven P. Aodenon, Executive Vice Prnident orWa,hiagloD IDternational IDsunDce CompaDY &
Vice Pnskleat or NOr1h American Specialty InsunDee 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 ~day of November ,20~.
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, 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.
ss:
ClFFICIIlI._
'1'_"......
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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 ofa 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 23r~ay of June
,20 05.
~'A~~
James A. Caqx."Dtcr, Vice rr~idcnt &. Assistant Secretary QfWashioponlnlemiltional wuran~ Company &:
Assislanl Secretary of North American Specialty Insurance: Company
r-
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
Itasea, 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
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