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Interchange Corporate Center
Liberty
450 Plymouth Road, Suite 400
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Plymouth Meeting, PA19462-1644
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ph (61Q) 832.8240
SUBDIVISION BOND
Bond Number: 022-051-790
NOWALL MEN BY THESE PRESENTS, that we ANGEL BROTHERS ENTERPRISES, LTD &DUTTON LAKE,
LLC
,
as principal (the "Principal"), and Liberty Mutual Fire Insurance Company, a company organized under the laws of the
State ofWisconsin, as surety (the "Surety"), are held and firmly bound unto CITY OF BAYTOWN TX
, as obligee (the "Obligee"),
in the penal sum of ONE MILLION, TWO HUNDRED TWENTY-FOUR THOUSAND, ONE HUNDRED
TWENTY-NINE &50/100
Dollars ($ 1,224,129.50
),
for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has proposed to make certain improvements (the "Contract") described as follows:
WINFREE OAKS SUBDIVISION, SECTION 2
WHEREAS, the Obligee has approved said improvements upon the execution and delivery of this bond.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall promptly and
faithfully complete said improvements in accordance with the present standard specification of the CITY OF
BAYTOWN TX
then this obligation shall be null and void; otherwise, it shall remain in full force and effect.
PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT:
1. No right of action shall accrue upon or by reason hereof, to or for the use or benefit of any person other than
the Obligee named herein; furthermore, this Bond cannot be assigned absent the express written consent of
the Surety.
2. The Surety's liability hereunder shall be commensurate with the extent of the building development that has
taken place in the subdivision.
3. Notwithstanding any other provision of this bond or the Contract, or otherwise, the Surety is not responsible for
and shall not be held liable to the Obligee for any hazardous waste removal and the Surety shall not be held
liable to, or in any other respect be responsible to, the Obligee by way ofindemnity, claims or otherwise, orto
any public authority or to any other person, firm or corporation, for or on account of any fines or claims by any
public authority or for bodily injury or property damage to any person or thing, including, but not limited to,
injuryor damage due to the release or threat of release of hazardous substances of any kind or damage to real
estate or to the environment or clean-up costs or other damages of whatever kind or nature arising out of any
act of commission or omission by the Principal, the Principal's agents, servants, employees, subcontractors or
suppliers or any other person in connection with the performance of the Contract. This limitation applies
regardless of when any such fine is assessed, claim is made, or injury, damage, release or threat of release
occurs and without regard to any term or condition of the Contract.
LMFIC-5400
1/2
Rev. 06/06
4. The Surety hereby waives notice of any alteration or extension of time made by the Obligee.
5. Any claims must be presented in writing to Liberty Mutual Fire Insurance Company to the attention of The
Surety Law Department at the address indicated above.
DATED as of this 24TH
day of JULY
, 20 15
WITNESS / ATTEST:
.
ANGEL BROTHERS ENTERPRISES, LTD
(Principal)
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By: <^~^e£
(Seal)
Name:
Title:
Chance Angel, Vice President
IRAN6^C0MPANY
TUAL FIRE INSURANe^QOMSANY
Attorney-in-Fact
Robert M. Overbey, Jr.
LMFIC-5400
2/2
Rev. 03/04
4.
The Surety hereby waives notice of any alteration or extension of time made by the Obligee.
5. Any claims must be presented in writing to Liberty Mutual Fire Insurance Company to the attention of The
Surety Law Department at the address indicated above.
DATED as of this 24TH
day of JULY
20 15
DUTTON LAKE, LLC
WITNESS / ATTEST:
(Principal)
^ag£££ (Seal)
AL FIRE INSURANCE COMPANY
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Seal)
Attorney-in-Fact
Robert M. Overbey, Jr.
LMFIC-5400
2/2
Rev. 03/04
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
Certificate No. 6785562
LIBERTY MUTUAL FIRE INSURANCE COMPANY
WAUSAU, WISCONSIN
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Fire Insurance Company (the "Company"), a Wisconsin stock insurance
company, through its Assistant Secretary, pursuant to and by authority of the Board of Directors hereinafter set forth, does hereby name, constitute
and appoint, Carol E. Hock; Robert M. Overbey, Jr.; Suzonne P. Lawrence
all of the city of Houston
.state of _J_X
each individually if there be more than one named, its true and lawful
attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds,
recognizances and other surety obligationsin pursuance of these presents and shall be as binding upon the Company as ifthey had been dulysigned by
the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following Unanimous Consent and Vote of the Board of Directors dated
May 21, 2013 wherein, among other things, it was
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to delegate authority to any officer(s) of the Company to appoint such attorneys-in-fact as may be necessary or desirable to act on behalf of
the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such
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that, pursuant to Article VI, Section 1 of the By-Laws, the Chairman, the President and the Secretary, either jointly or severally, are authorized
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instruments shall be as binding as if signed by the President and attested by the Secretary.
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That the Resolution set forth above is a true copy thereof and is now in full force and effect.
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IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
Liberty Mutual Fire Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this t4th
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David M. Carey, Assistant Secretary
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COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF MONTGOMERY
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On this 14th
day of November
, 2014
before me, a Notary Public, personally came David M. Carey, to me known, and acknowledged that .<2o
he is an Assistant Secretary of Liberty Mutual Fire Insurance Company; that he knows the seal of said corporation; and that he executed the above Power
of Attorney and affixed the corporate seal of Liberty Mutual Fire Insurance Company thereto with the authority and at the direction of said corporation.
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IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
first above written.
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LIBERTY MUTUAL FIRE INSURANCE COMPANY
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Teresa Pastella, Notary Public
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CERTIFICATE
I. the undersigned, an Assistant Secretary of Liberty Mutual Fire Insurance Company, do hereby certify that the original power of attorney of which the
foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed
the said power of attorney was one of the officers or officials specially authorized by the Board of Directors to appoint attorneys-in-fact as provided in the
Unanimous Consent and Vote of the Board of Directors of Liberty Mutual Fire Insurance Company dated May 21, 2013.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the Board
of Directors of Liberty Mutual Fire Insurance Company evidenced by the Unanimous Consent and Vote of the Board of Directors dated June 28, 2006
wherein it was
VOTED
that the signatures 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 signature and facsimile seal shall be valid and binding upon the
Company when so affixed and in the future with respect to any surety undertakings, bonds, recognizances and other surety obligations to which
it is attached.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this _
By.
Gregory W. Davenport, Assistant Secretary
LMS-16792 072013
_ day of
Liberty
Mutual
SURETY
Important Notice
TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT:
You may write to Liberty Mutual Surety at:
Liberty Mutual Surety
Interchange Corporate Center
450 Plymouth Road, Suite 400
Plymouth Meeting, PA 19462-8284
You may contact the Texas Department of Insurance to obtain information on
companies, coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P.O. Box 149104
Austin, TX 78714-9104
Fax:(512)475-1771
Web: http://www.tdi.state.tx.us
E-mail: [email protected]
Premium or Claim Disputes
Should you have a dispute concerning a premium, you should contact the agent first. If you
have a dispute concerning a claim, you should contact the company first. If the dispute is not
resolved, you may contact the Texas Department of Insurance.
Attach This Notice To Your Policy:
This notice is for information only and does not become a part or condition of the
attached document.
LMIC-3500
Page 1 of 2
Rev. 7.1.07
Liberty
Mutual
NOTIFICACION IMPORTANTE
PARA OBTENER INFORMACION O REALIZAR UNA QUEJA:
Usted puede escribirla notificacibn y dirigirla a Liberty Mutual Surety en la siguiente
direccibn:
Liberty Mutual Surety
Interchange Corporate Center
450 Plymouth Road, Suite 400
Plymouth Meeting, PA 19462-8284
Usted puede contactar al Departamento de Seguros de Texas para obtener
informacion acerca de las compafifas, coberturas, derechos o quejas:
1-800-252-3439
Usted puede escribir al Departamento de Seguros de Texas a la siguiente direccibn:
P.O. Box 149104
Austin, TX 78714-9104
Fax:(512)475-1771
Web: http://www.tdi.state.tx.us
E-mail: [email protected]
Disputas acerca de primas o reclamos
En caso de que usted quiera elevar una disputa concerniente al tema de primas, porfavor
contacte en primer lugara su agente. Si el tema de la disputa es relativo a un reclamo, por
favor contacte a la comparlfa de seguros en primer termino. Si usted considera que la
disputa no es apropiadamente resuelta en estas instancias, entonces usted puede contactar
al Departamento de Seguros de Texas..
Adjunte esta notificacion a su p6liza:
Esta notificacibn es a los solos fines de su informaci6n y la misma no forma parte o
condiciona de manera alguna el documento adjunto.
LMIC-3500
Page 2 of 2
Rev. 7.1.07