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Historic Coppell-CS090113 ------- November 30,2006 Eddie Black Vaughan Construction 412 W Bethel Rd Coppell TX 75019 RE: Historic Coppell Properties Addition, Lot 1 Block 1 Final Acceptance Dear Mr. Black: 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. Sincerely, Rick 0' Dell Construction Inspector Keith Marvin, P .E. Assistant City Engineer Office Phone: (972) 304-7090 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 SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 512-732-0099 Bond No.4354354 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we Fire Line Services. 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. P. o. Box 9478. Coppell. TX 75019. as Obligee, in the penal sum of Thirty Two Thousand Five Hundred Ninety Seven and 99/100--- ($32.597.99--) 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 Vauqhn Construction dated February 9. 2006. for Public Water and Public Sanitary Sewer Improvements to serve Historic Coppell Properties. 413 Bethel Rd.. 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 (2) 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 (2) 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 27th day of September, 2006. Fire Line ~es. Inc. ::~ct~ ~ _ SureTec Insurance Company BY:~~~ 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 9737 Great Hills Trail, Suite 320 Austin, TX 78759 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. ---------------------------------------------------------------------------------------------------------------------------- Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. -----------------------------------------------------------------------------------------------------------------. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards 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, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. --- POA #: 4221029 SureTec Insurance Company LIMITED POWER OF ATTORNEY Kllow All Mell by These Presents, That SURETEC INSURANCE CaMP ANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Clem F. Lesch, Pauline L. Lesch, Steven W. Lewis, Barry Romito, Patrick C. Locke, Allen Sparks of Dallas, Texas its true and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million and no/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until June 30. 2007 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint anyone or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsi'1lile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2(jh olApril, 1999) III Witness Whereof, SURETEC INSURANCE CaMP ANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. .....J'RAN'C~ ...."'....~.......f1~ .......~. ..(\ ~/ y.. "/.\~ tuiw j~l a;. <0/2;.. ~\ J. ./~J ....,........~. /~ .t:",,/ On this 20th day of June, A.D. 2005 before me personally came Bill King, to me known, who, being by me duly sworn, did depose and say. that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. By: State of Texas County of Harris ss: Michelle Denny NofQy PublIc 8fare d Tea Mv Comm/sslon ExpIres August 27. 2008 ~.~~ Michelle Denny, Notary Pub IC My commission expires August 27,2008 T, M. Brent Beaty, Assistant Secretary ofSURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this27th Any Instrument Issued in excess of the penalty stated above is tcta!ly void and without any validity. For verification of the authority of this power you may call (713j 81:2-U800 any business day between 8:00 am and 5:00 pm CST. r- SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 512-732-0099 Bond No.4354354 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we Fire Line Services, 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, P. O. Box 9478, Coppell, TX 75019, as Obligee, in the penal sum of Thirty Two Thousand Five Hundred Ninety Seven and 99/100--- ($32.597.99--) 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 Vauqhn Construction dated February 9. 2006, for Public Water and Public Sanitary Sewer Improvements to serve Historic Coppell Properties. 413 Bethel Rd., 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 (2) 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 (2) 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 27th day of September, 2006. Fire Line SeroiCe4' s Inc. prinCi7r_ By. /! ~~ A SureTec Insurance Company By: \f~Y).~ 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 9737 Great Hills Trail, Suite 320 Austin, TX 78759 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. ---------------------------------------------------------------------------------------------------------------------------- Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. ------------------------------------------------------------------------------------------------------------------ Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards 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, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. POA #: 4221029 SureTec Insurance Company LIMITED POWER OF ATTORNEY KllolV All Mell by These Presellts, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Clem F. Lesch, Pauline L. Lesch, Steven W. Lewis, Barry Romito, Patrick C. Locke, Allen Sparks of Dallas, Texas its true and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million and no/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until June 30, 2007 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Sccretary shall be and is hereby vested with full power and authority to appoint anyone or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'h of April, 1999) III Witlless Whereof, SURETEC INSURANCE CaMP ANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. ~1:UlU~llk ....<;,~.~-~fj.c~~ ''<"~. '.0 ~/ y.. ..,'\~ Ja. / ~ .,.. wfw i~i a:. .;:, I :i!:"" ~\ J. ../.....j ',........~. /~ ".".~ffl\/ On this 20th day of June, A.D. 2005 before me personally came Bill King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. By: State of Texas County of Harris ss: Michelle Oemy Notary PublIc Slate of Texas Mv CommIssIon ExpIres August 27. 2008 M~I~N~ My commission expires August 27,2008 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furtherrnore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this27~ day of ry Any instrument Issued in excess of the penalty stated abolie is totaily veld and without any validity. For verification of the authority of this power you may call (713) 81:.!-C800 any business day between 8:00 am and 5;00 pm CST.