Chateaus-CS090227
THE.CITY.OF
. corrELL
February 27, 2009
Lance Proctor
Lenart Development Company, L.L.c.
520 Central Parkway East, Suite 104
PIano, TX 75074
RE: Chateaus of Coppell
Final Acceptance Letter
Dear Mr. Proctor:
Representatives of the City of Coppell have confinned 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 ofthis 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 pennit 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.
L Davis
C n truction Inspec or
ce: 972-304-36 4
Fax: 972-304-3570
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~
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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, Deputy ChieflPrevention
Jennifer Armstrong, Finance Director
255 PARKWAY * P.O.BOX 9478 * COPPELL TX 75019 * TEL 972/462 0022 * FAX 972/304 3673
MAINTENANCE BOND
Bond No. 4373251
KNOW ALL BY THESE PRESENTS,that we, Forcecon Services, LLC
as Principal, and SureTec Insurance Company , a corporation organized under the
laws of the State of Texas as Surety are held and firmly bound to pay unto the City of
Coppell, a Municipal Corporation, Texas, the sum of Two Hundred Twenty Two Thousand Four Hundred Forty Eight and 53/100---
($ 222,448.53---- ),for the payment of which sum are well and truly be made we,the Principal
and Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such, that WHEREAS, the Principal
Forcecon Services, LLC has entered into a written contract with
CTMGT-Coppell, LLC to build and construct
Concrete Paving for Chateaus of Coppell, Coopell, Texas , , 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 embodi h in,
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.
Now,therefore, if the said Contractor shall keep and perform its said agreement 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 Rill force and effect, and said
City of Coppell shall have and receive from the said Contractor and its
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 had hereon for
successive causes 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 of two(2)years, and the same
shall not be changed,diminished or in any manner affected from any cause during said time.
IN WITNESS WHEREOF,the said Forcecon Services, LLC has caused these
presents to be executed by Clayton Harp, President, Paving/Excavation _ and the said
SureTec Insurance Company has caused these presents to be executed by
its Attorney in fact and the said Attorney In fact Michael B. Hill , has hereunto set his hand,
the 27th day of February 20 09
PRINCIPAL SURETY
Forcecon Se 'ces, l SureTec Insurance Company
By' By:
Title: Clay Harp, Preisdent, Paving/Excavation Title: Michael B. Hill, Attorney-in-Fact
WITNES : ATTEST:
# kt.ck
NOTE; Date of Maintenance Bond must not be prior to date of Contract.
POA#: 4221050
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, 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
William D. Baldwin,Brady K. Cox,Michael B.Hill,Brent E.Baldwin,Brock A.Baldwin,Jennifer J.Crane
its true and lawful Attorney-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 Dollars and no/100($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond 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 Attorney(s)-in-Fact may do in the
premises. Said appointment shall continue in force until 12/31/10 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 any one 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 nz:aetdng held on zah of April,
1999.)
In Witness Whe.reof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal
to be hereto affixed this 28th day of October,A.D.2008.
SURETEC INS • - CE COMPANY
By
w > B.J.Ki<< esident
State of Texas
County of Harris
On this 28h day of October,2008 before me personally came B.J.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.
Michelle Denny
NouryPubilo
State of Texas
Ezuisbva/kutZl,2DlII 1v�t( t . Y�
Michelle Denny,Notary Pr: lic
My commission expires August 27,2012
1,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 furthermore,the resolutions o{'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 this 27th day of February ,20 09 A.D.
yfi .v.,
M.Brent eaty,Assis ant secretary
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 ;r t~ST.
MAINTENANCE BOND
Bond No. 4373252
KNOW ALL BY THESE PRESENTS,that we, Forcecon Services, LLC
as Principal, and SureTec Insurance Company , a corporation organized under the
laws of the State of Texas as Surety are held and firmly bound to pay unto the City of
Coppell, a Municipal Corporation, Texas, the sum of Seven Thousand Three Hundred and no/100
($ 7,300.00 ),for the payment of which sum are well and truly be made we,the Principal
and Surety,bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such, that WHEREAS, the Principal
Forcecon Services, LLC has entered into a written contract with
CTMGT- Coppell, LLC to build and construct
Erosion and Sedimentation Control for Chateaus of Coppell, Coppell, Texas , 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 embo a rere
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.
Now,therefore,if the said Contractor shall keep and perform its said agreement 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 shall have and receive from the said Contractor and its
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 had hereon for
successive causes 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 of two(2)years, and the same
shall not be changed,diminished or in any manner affected from any cause during said time.
IN WITNESS WHEREOF,the said Forcecon Services, LLC has caused these
presents to be executed by Clayton Harp, President, Paving/Execavation and the said
SureTec Insurance Company has caused these presents to be executed by
its Attorney in fact and the said Attorney in fact Michael B. Hill , has hereunto set his hand,
the 27th day of February ,20 09
PRINCIPAL SURETY
Forceco 5,,j is-s, :1� SureTec Insurance Company
-� By: 15 /?(40*
Title: Clayton Harp, President, Paving/Excavation Title: Michael B. Hill, Attorney-in-Fact
WITNESS: ATTEST:
NOTE, Date of Maintenance Bond must not be prior to date of Contract.
POA#: L221050
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, 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,Texa3,does by these presents
make,constitute and appoint
William D.Baldwin,Brady K. Cox,Michael B.Hill,Brent E.Baldwin,Brock A.Baldwin,Jennife:J.Crane
its true and lawful Attorney-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 Dollars and no/100($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond 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 Attorney(s)-in-Fact may do in the
premises. Said appointment shall continue in force until 12/31/10 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 any one 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 indertakings 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 Ccrporate 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 m3eting held on 20th of April,
1999.)
In Witness Whereof SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal
to be hereto affixed this 28th day of October,A.D. 2008.
SURETEC INS • CE COMPANY
dh`:
By:
w ; B.J.Ki h4y'resident
State of Texas ss: r►
County of Harris
On this 28h day of October,200S before me personally came B.J.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.
teir„ Michelle Denny
State of Texas /#�, r
August (27,112 tl` ut
Michelle Denny,Notary P- lic
My commission expires August 27,2012
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 furthermore,the resolutions o 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 this 27th day or February 20 09 A.D.
it .I
M.Brent aty,Assi • nt 3eeretary
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call(713)812.0800 any business day between 8:00 am and 8:C3; ;~h CST.
JOB #130608
LOCATION: Chateaus of Coppell in Coppell,Texas. In accordance with plans&
specifications prepared by Dowdey,Anderson &Assoc., Inc.
DESCRIPTION
Erosion Control:
1 Curlex APPROX. 1 LS @ $6,100.00 $6,100.00
2 Inlet Protection APPROX. 1 LS @ $1,200.00 $1,200.00
Total Erosion Control: $7,300.00
Bond No. 228 52 51
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that we, KCK Utility Construction, Inc.,
as Principal, and Insurance Company of the West/Independence Casualty and Surety Company, a
Corporation organized under the laws of the State of California/Texas and duly authorized to do
business in the State of Texas as Surety, are held and firmly bound unto City of Coppell, 255
Parkway Blvd., Coppell, TX 75019, as Obligee, in the penal sum of *Two Hundred Forty-Seven
Thousand, Six Hundred Sixty-Three and 88/100* (*$247,663.88*) 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 has caused to be constructed:
Water, Sewer and Drainage Improvements to serve Chateaus of Coppell, SW Corner of Denton
Tap & Bethel Rd., Coppell, TX
WHEREAS, said Obligee requires that the,Principal furnish a bond conditioned to guarantee for the
period of two (2) year(s) after final acceptance by City of Coppell, against all defects in
workmanship and materials which may become apparent during said period, and
WHEREAS, the said contract has been completed, and was approved on the day of
, 20
NOW, THEREFORE, THE CONDITION 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 become apparent during the period of two (2) year(s) from and after
final acceptance by City of Coppell then this obligation shall be void, otherwise to remain in full
force and effect.
SIGNED, SEALED AND DATED this 10th day of January, 2009.
KCK Utility Construction, Inc.
By:
Principal
Insurance Co i• I any of the West/
Independ• ;c/asualty and Surety Company
BY: Ir//L%/4. �� /./
Sheryl w Klutts, torney-i -Fact Surety
No. 004738
ICW GROUP
Power of Attorney
Insurance Company of the West
Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California, Explorer
Insurance Company,a Corporation duly organized under the laws of the State of California,and Independence Casualty and Surety Company,a Corporation duly organized
under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint
JOHN A.MILLER,SR.,JOHN A.MILLER,II,SHERYL A.KLUTTS,K.R.HARVEY,JOHN R.STOCKTON
their true and lawful Attorney(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,and other
similar contracts of suretyship,and any related documents.
In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January,2008.
TY
��owrurro� x4SURgN,`� vE.i . y�
onro�r �ti� �Qf�opvo�r4c+' 4,44- sG
� .�� eo �, F 10;( o INSURANCE COMPANY OF THE WEST
— (DI o SEAL..131,: m �\i ' EXPLORER INSURANCE COMPANY
"R0ANIIt '17.// zl a INDEPENDENCE CASUALTY AND SURETY COMPANY
'.1? - ar/ . a
,(d/.,Jeffrey D.Sweeney,Assistant Secretary J.Douglas Browne,Senior Vice President
State of California
} ss.
County of San Diego
On January 2,2008,before me,Mary Cobb,Notary Public,personally appeared J.Douglas Browne and Jeffrey D.Sweeney,who proved to me on the basis of satisfactory
evidence to be the person(s)whose name(s)is/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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
M VC08B
7. 4`., COMM. 1602390
ea NOTARY PUBUC-CAUFO ft 2 / t III
In k,:,...,s,'•
- SAN OIE13O COUNTY
L
/1
SEPT ER 2A5 009
Mary Cobb,Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective
Boards of Directors of each of the Companies:
"RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are
hereby authorized to execute Powers of Attorney appointing the person(s)named as Attorney(s)-in-Fact to date,execute,sign,seal,and deliver on
behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and
current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the
Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if
manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying."
CERTIFICATE
I,the undersigned,Assistant Secretary of Insurance Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify
that the foregoing Power of Attorney is in full force and effect,and has not b n revoked,and that the above resolutions were duly adopted by the respective Boards of
Directors of the Companies,and are now in full force.
IN WITNESS WHEREOF,I have set my hand this /?'.---- day of ., ILA jt/ 00
f 1
Cam' 1 L
Jeffrey D.Sweeney,Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,the above
named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino
Real,San Diego,CA 92130-2045 or call(858)350-2400.
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