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TC Bank-CS090113 ,-. SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 512-732-0099 Bond No.4348056 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we L. E. DELEKTA INC. as Principal, and SureTec Insurance Company, a corporation organized under the laws of the State of Texas, 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 15.750.00 (Fifteen Thousand Seven Hundred Fiftv And No/100) to which payment well and truly to be made we do bind ourselves, and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal has entered into a contract with SLI Group, Inc. dated December 14, 2004 for Site Utilities for Town Center Bank, 654 North Denton Tap Road. Coppell, TX 75019, which contract is hereinafter referred to as the "Contract." WHEREAS, said Obligee requires that the Principal furnish a bond conditioned to guarantee for the period of Two year (s) after substantial completion of the work performed under the Contract against all defects in workmanship and materials which would have been the responsibility under the Contract for which written notice is made to Surety during said period NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which may become apparent and with respect to which notice is delivered to Surety in writing during the period of Two year (s) from and after date of substantial completion of the work under the Contract, then this obligation shall be void, otherwise to remain in full force and effect. No right of action shall accrue hereunder to or for the benefit of any person or entity other the Obligee named herein, nor shall any suit be filed or action maintained on this bond more than twenty five (25) months after the date of the earliest timely notice of defect by Obligee to Surety. SIGNED, SEALED AND DATED THIS 1st day of AUQust, 2005. L. E. DELEKTA INC. Principal . ~~_ ~ ~ SureTec Insurance Company By:"-fJIUA~_/;f. ~ Pauline L. Lesch, Attorney-in-Fact Rev. 11.11.2003 Please see the attached Rider for important notices and coverage information SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099 You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 FaX#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ------------------------------------------------------------------------------------------------------------------------------ Important Notice Regarding Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: SureTec Insurance Company, U. S. Specialty Insurance Company, and any other company that is added to SureTec Insurance Company for which surety business is underwritten by SureTec Insurance Company ("Issuing Sureties"). The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached document. ------------------------------------------------------------------------------------------------------------------------------ Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. Rev 11.11.03 (~:::..~ SureTec GENERAL PO\VER OF ATTORNEY Knuw All /11m by Theu Pre.lent.\", Thai SURETEC INSURANCE COMPANY (lhe "Company"), a cClrporalion duly organized and exisling under Ihe laws of Ihe Slale of Texas. and having ils principal office in Houslon. Harris Counly. Texas. doe$ by Ihese presents make. constilule and appoinl Clem F. Lesch, Pauline L. Lesch, Gary Matula, Steven W. Lewis of Lewisville, Texas ils lrue and lawful Allomey(s)-in-facl, wilh full power and aulhorily hereby conferred in ils name. place and slead, 10 execule, acknowledge and deliver any and all bonds, recognizances, undertakings or olher inslrunJrnls or conlracls or suret:rship 10 include wahen 10 Ihe condilions of conlracl~ and consenlS or surel~', providing Ihe bond pcnall)' does not exceed Five I\liJJion Dollars and noli 00 (SS,OOO,OOO.OO) and 10 bind Ihe Company lhereby as fully and 10 Ihe same exlenl a~ if such bonds were signed by Ihe President, sealed Wilh the corpora Ie seal of Ihe Company and duly alleslcd by ilS Secrelary. hereby ralifying and confirming all Ihal lhe said AlIomey(s)-in-Facl may do in lhe premises. Said appoinlmenl is made under and by authorily of lhe following resolutions of Ihe Board of Dire(;tors of Ihe SureTec Insurance' Company: Be it Rcsoh'cd, lhal Ihe President, any Vice-Presidenl, any Assislant Vice-President, any Secrelary or any Assislanl Secrelary shall be and is hereby vested wilh full power and aUlhority 10 appoint anyone or more ~uilable persons as Altomey(s)-in-Facllo reprel'enl and acl for and on behalf of Ihe Company subjecl 10 Ihe following pro\'isions: Allorney-in-F(/ct may be gi\'en full power and authority for and in lhe name of and of behalf of Ihe Company. 10 execute. acknowledge and deliver. any and all bonds. recognizances. conlracls, agreemenls or indemnity and olher condilional or obligatory undertakings and any and all nOlices and documenls canceling or lerminaling Ihe Company's liahililY Ihereunder. and any l'uch inslrumenls so executed by any such AlIorney-in-Facl shall be binding upon Ihe Company as if siJ:;ned by Ihe Pre~ident and sealed and effecled by Ihe Corporate Secrelary. Be il Rc,wll'cd. Iha! the signature of any aulhorized officer and seal of Ihe Company herelofore or hereafter aflixt"d 10 any power of allomey or any certificale relaling Iherelo by facsimile. and any power of allomey or certificate bearing facsimile ~ignalure or facsimile l'eal shall be valid and binding upon the Company with respecl 10 any bond or undertaking 10 which it is all:Jched. (Adopted al a meeling held on 20th of April, 1999.) . In Wilnt'.'i.f Whereof, SURETEC INSURANCE COMPANY has cau~ed lhese presents 10 be signed by its Presidl'nt, and ill' corporate ~ealto be hereto allixed this 11th day of June, A.D, 2002. SURETEC INSURANCE COJ\lPANY Corporate Seal By State of Te:xas County of Harris S5: On Ihis 11th day of June A.D. 2002 before me personally came JOM Knox. Jr.. 10 me known. who, being by me duly sworn. did depose and say. lhal he resides in Houslon. Texas, Ihal he is President' of SURETEC INSURANCE COMPANY. the company described in and which executed the above inl'trumenl; lhal he knows lhe seal of said Company; Ihalthe se:al affixed 10 said instrumenl is such corporate seal; Ihal il was so affixed by order of lhe Board of Directors of said Company; and IhJI he: signed his name Ihereto by like order. ~~.. OONHA U.ls"jju :f*.~ ......,. ....... 1'-- .. .... :0.:;_1 ... ~- LooO.. . JUNE If.~ J7a..- (/. oJ C Donna U. Ibanez, Nolary it !\fy commission e::\:pires June II.~006 NOlary St"al I. Michael P. Whisenant. Vice President and Assistant Secrclary of SURETEC'INSURANCE COMPANY. do hereby certify Ihat lhe above and foregoing is a true and correl'l copy of a Power of AlIorney, executed by said Company. which is still in full force and e ffe~l; and furtbermore. the resolutions of the Board of Directors, sel oul in the Power of Allomey are in full force and effect. In Witness Whereof, I have hereunlo sel my hand and affixed the seal of said Company al Houslon, Texas this ~ day of August ,20~, A.D. ~~.~ Corporate Seal I\lichal'l P. Whisenant, \'ice Presidl'nl, Assistant Secret~rJ