HomeMy WebLinkAboutBond Information P)1
WEST, WEBB, ALLBRITTON & GENTRY
A PROFESSIONAL CORPORATION
ATTORNEYS: 1515 EMERALD PLAZA
STEVEN ALLBRITTON COLLEGE STATION, TEXAS 77845 -1515
J. HANS BARCUS
GERRY M. BROWN TELEPHONE (979) 694 -7000
CARLTON BRYAN CANTRELL TELECOPIER (979) 694 -8000
GARY E I. CURRIER* September 22, 2000
MICHAEL H. p ENTR EMAIL: wwag @tca.net
H. WEB SITE: http: / /www.wwaglaw.com
CHRISTOPHER PHEER R W W. . PETERSON ERSON
LANNY D. RAY
WAYNE CERTIFIED
C ARLA T. RIFE
ESTATE PLANNING AND PROBATE LAW
.SHOMA
MARK W. SHOMAKER TEXAS BOARD OF LEGAL SPECIALIZATION
ROBERT A. SWEARINGEN
JOHN C. WEBB, JR. * * BOARD CERTIFIED
GAINES WEST COMMERCIAL REAL ESTATE LAW
JULIE MAY YOUNG TEXAS BOARD OF LEGAL SPECIALIZATION
Hand Delivery
Deborah Grace
City of College Station
Development Services
1101 South Texas Avenue
College Station, TX 77842
Re: Corner Stone Commercial Subdivision
Courtyard by Marriott
College Station, Brazos County, Texas
Dear Deborah:
On September 6, 2000, I delivered to your office an original Statutory Payment Bond No.
S06021 from Peters Contracting, Inc., Principal for Woodcreek Partners, L.P. ( "Principal "), and
Heritage Mutual Insurance Company ( "Surety "). After delivery of the above - referenced Payment
Bond, you advised this office that the format was improper because of references to "landscaping."
Enclosed please find the original Statutory Payment Bond No. S06021which is being
delivered to the City of College Station pursuant to your request. Upon your receipt of the enclosed
original Statutory Payment Bond, you must return to this office the original Statutory Payment Bond
No. S06021.
Thank you for your assistance in this matter.
4 Sincerel ,
Michael H. Gentry
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Deborah Grace
September 22, 2000
Page 2
MHG:kd
Enclosure:
cc: Fax Transmission:
Michael Ginnings
Darren Woody
Tim Welsh
Terri Kreling
John Bickel
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STATUTORY PAYMENT BOND — TEXAS BOND NO. S06021
KNOW ALL BY THESE PRESENTS, that Peters Contracting, Inc., Principal for Woodcreek Partners,
L.P. Property Owner (hereinafter called Principal), as Principal, and Heritage Mutal Insurance
Company, a corporation organized and existing under the laws of the State of Wisconsin with its principal
office in the City of Sheboygan (hereinafter called Surety) as Surety, are held and firmly bound unto the
CITY OF COLLEGE STATION, TEXAS, a Municipal Corporation, 1101 Texas Avenue, College Station,
Texas, hereinafter called City, in the amount of One Hundred Forty Three Thousand - One Hundred Fifty
Eight Dollars ($143,158.00) for the payment whereof the said Principal and Surety bind themselves, their
heirs, administrators, executors, successors, and assigns jointly and severally, firmly by these presents.
WHEREAS, the Principal is required to install Water & Sewer on Lot 2A Block 1 , Corner Stone
Commerical Subdivision, College Station, Brazos County, Texas, as required by Chapter 9, Section 7 of
the College Station Code of Ordinances and Construction plan, which ordinance and plan are attached
hereto and made a part hereof as fully and to the same extent as if copied at length herein; and
WHEREAS, Chapter 9 allows for the filing of a Sub - division Plat prior to completion of required
Infrastructure provided that the principal provides a bond in the amount of $143,158.00.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said principal
shall install all required Infrastructure as required by City and detailed in the attached Construction plan
and in accordance with the above stated ordinance and receive the approval for the same by the City
Engineer on or before one year from the date of the Filing of the Plat for the property, then this obligation
shall be void.
PROVIDED, HOWEVER, that the City having required the said Principal to furnish this bond in order to
comply with Chapter 9, Section 7 of the College Station Code of Ordinances and the Constructions plan, all
rights and remedies on this bond shall inure solely to such claimants and shall be determined in accordance
with the provisions, conditions and limitations of said ordinance.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument, this 1 s t
day of September , 2000.
Peters Contracting, Inc. PRINCIPAL
Laggll 1V
BY: _I /�
Stephen Bosley Vice President
SEP 1 9 000 (Printed Name & Title)
PETERS CO NT; Heritage Mutual INSURANCE COMPANY
OWENSBORO K EN UC 9 q 302 BY: /� 0.u`- C4
Joy M. Orahood, Attorney —in —Fact
(Printed Name & Title)
The foregoing bond is hereby approved.
Woodcre, P.- masers L.P,/ /
41 ZAFFOvvner
By: � ✓ �
Title
Glenn D. Higdon, President o Woodcreek Lodging, Inc. General Partner
ADDRESS
1401 Spring Bank Drive Owensboro, KY 42303
DATE
Power of Attorney
HERITAGE MUTUAL INSURANCE COMPANY
Know all men by these Presents, That HERITAGE MUTUAL INSURANCE COMPANY, a corporation duly
organized under the laws of the State of Wisconsin, and having its headquarters in the City of Sheboygan, County of Sheboygan,
State of Wisconsin; does hereby make, constitute and appoint JOY M. ORAHOOD AND AMI L. ROBINSON OF BRENTWOOD,
TENNESSEE.
its true and lawful Attorney(s)-in-Fact, with full power and authority to each of said Attorney(s) -in -Fact, in their separate capacity if
more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings
obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of
public or private trust; guaranteeing the performance of contracts other than insurance policies; guaranteeing the performance of
insurance contracts where surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds and
undertakings required or permitted in all actions or proceedings or by law allowed, ANY AND ALL BONDS AND UNDERTAKINGS.
And to bind HERITAGE MUTUAL INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and
undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of HERITAGE MUTUAL
INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said
Attorney(s)-in-Fact may do in pursuance hereof.
This Power of Attorney is valid only with the Diamond Watermark. The Power of Attorney is granted under and by
authority of ARTICLE XIII of the By -Laws of HERITAGE MUTUAL INSURANCE COMPANY which became effective July 15,
1978, which provisions are now in full force and effect, reading as follows:
RESOLUTION
WHEREAS, it is necessary in the writing of bonds that attorneys -in -fact be appointed and to facilitate the same it is in the
best interest of the Corporation that the By -Law which follows be adopted:
NOW, THEREFORE BE IT RESOLVED that there shall be added to the existing By -Laws of the Corporation a By -Law
which reads as follows:
ARTICLE XIII. APPOINTMENT OF ATTORNEY -IN -FACT
The president, any vice - president, the secretary or any assistant secretary shall be and is hereby vested with full power
and authority to appoint attorneys -in -fact for the purpose of signing the name of the Company as surety to, and to execute, attach
the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments
of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, or the official representative thereof,
or to any county or state, or any official board or boards of county or state, or the United States of America, or to any other
political subdivision.
IN WITNESS WHEREOF, HERITAGE MUTUAL INSURANCE COMPANY has caused these presents to be signed and its
corporate seal to be hereto affixed this 3rd day of APRIL , 2000
INSI�`�� HERITAGE MUTUAL INSU ANCE COMPANY
�: GOPPO�lF •G>
i iTi j QRl-4—d
SEAL g / Dave Pauly
STATE OF WISCONSIN ) I * ' ; `�� Executive Vice - President
ss. I • s
COUNTY OF SHEBOYGAN ) 1� i$CON`'� -�
On this 3rd day of APRIL , before me came the individual who executed the preceding
instrument, to me personally known, and, being by e duly sworn, said that he /she is the therein described and authorized officer
of HERITAGE MUTUAL INSURANCE COMPANY, that the seal affixed to said instrument is the Corporate Seal of Said Company;
that the said Corporate Seal and his /her signature were duly affixed by order of the Board of Directors of said Company.
�RUp My Commission Expires:
C9 �OTA ,
,- 0 /lam /2 0 o
Notary Public % 'fork ' .o 'G
CERTI FICATE
I the undersigned officer of HERITAGE MUTUAL INSURANCE COMPANY, do hereby certify that the foregoing and attached
Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolution of theBoard of Directors,
set forth in this Power of Attorney, are now in force.
IN TESTIMONY WHEREO, =, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this
/ 54- day of - , aDOC .
SUR -122 3 2000 Ass t Secretary /