INSCO INSURANCE SERVICES, INC. Ir1SC Underwriting Manager for: r Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (800) 782 -1546 www.InscoDico.com (PERFORMANCE BOND - TEXAS PUBLIC WORK) PERFORMANCE BOND Bond No.: 455934P KNOW ALL PERSONS BY THESE PRESENTS: That we, Kendnel Kasper Construction, Inc. (Contractor), as Principal, and Developers Surety & Indemnity Company as Surety, are held and firmly bound unto County court of Kerr County, Texas (Owner), as Obligee, in the penal sum of Seven Hundred & Eighty Five Thousand, One Hundred and Ninety Eight -- DOLLARS ($785,198.00— — - -- - -- ), lawful money of the United States ofAmerica, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, said Contractor, Principal herein, has, by written agreement dated March 4th , 2010 , entered into a contract with Owner for Kerr County Sheriffs Annex in accordance with drawings and specifications prepared bypeter W Lewis Architect & Associates , which contract is by reference made a part hereof, and is hereafter referred to as the "Contract ". NOW, THEREFORE, a condition of this obligation is such that, if the Contractor shall faithfully perform the work contracted to be performed and comply with all provisions of the Contract, with the exception of any contractual obligation requiring payment of Contractor's subcontractors and suppliers, then this obligation shall be void; otherwise to remain in full force and effect. The total amount of the surety's liability under this bond shall in no event exceed the penal sum hereof. PROVIDED, HOWEVER, This bond is executed pursuant to and in conformance with the provisions of Chapter 2253, Texas Government Code, as most recently amended, and all liabilities under this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. No right of action or recovery shall accrue hereunder to or for the use of any person or entity other than the Owner named herein, its heirs, executors, administrators or successors. • ID -1541 (TX) (3/04) • PAGE 1 of 2 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument the 29th day ofMarch , 2010 PRINCIPAL: Kendnel Kasper Construction, Inc By: _ Title: Kendnel Kasp r - President SURETY: Developers Surety & Indemnity Company By: ,-a, ,ate Stephen R Schmerbeck (Attomey-in-fact) Authorized Representative (Name and Title) By: Signature of Authorized Representative ID -1541 (TX) (3/04) • PAGE 2 of 2 4 IMPORTANT NOTICE AVISO IMPORTANCE To obtain information or make a complaint: Para ohtener informacion o para someter una queja: You may call the Surety's toll free telephone number Usted puede llamar al numero de telefono gratis de for information or to make a complaint at: para informacion 0 para someter una queja al: 1 -800- 782 -1546 1 -800 -782 -1546 You may also write to the Surety at: Usted tanbien puede escribir a Surety at: P.O. Box 19725 P.O. Box 19725 Irvine, CA 92623 -9725 Irvine, CA 92623 -9725 You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de Seguros to obtain information on companies, de Texas para obtener information acerca de compia- coverage, rights or complaints at: nias, coberturas, derechos o quejas al: 1- 800 -252 -3439 1- 800 -252 -3439 You may write the Texas Department of Insurance at: Puede escribir al Departmento de Seguros de Texas; P.O. Box 149104 P.O. Box 149104 Austin, TX 78714 -9104 Austin, TX 78714 -9104 Fax# 512 -475 -1771 Fax# 512 -475 -1771 web: http: / /www.tdi.state.tx.us web: http: / /www.tdi.state.tx.us E -mail: ConsumerProtection @tdi.state.tx.us E -mail: ConsumerProtection @tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you DISPUTAS SOBRE PRIMAS 0 RECLAMOS: have a dispute concerning your premium or about a Si tiene una disputa concerniente a su prima o a to claim you should contact the Surety first. If the reclamo, debe comunicarse con el Surety primero. Si dispute is not resolved, you may contact the Texas no se resuelve la disputa, puede entonces comuni- Department of Insurance. carrse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso es solo This notice is for information only and does not para proposito de informacion y no se convierte en become a part or condition of the attached document. parte o condition del documento adjunto. InS gD InscoInsurance Services, Inc. Underwriting Manager for: Developers Surety and Indemnity Company • Indemnity Company of California 17780 Fitch, Suite 200 Irvine, CA 92614 1- 800 - 782 -1546 www.InscoDico.com ID-1404 (TX) (Rev. 7/07) 4 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE, CA 92623 (949) 263 -3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY. does hereby make, constitute and appoint: * ** Stephen R. Schmerbeck * ** as its true and lawful Attomey(s )-in -Fact, to make. execute, deliver and acknowledge, far and on behalf of said corporation, as surety, bonds, undertakings and contacts of suretyship giving and granting unto said Attorney(s) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporation could do, but reserving to each of said corporation hill power of substitution and revocation, and all of the acts of said Attorney(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEM- NITY COMPANY, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, any Executive Vice- President, Senior Vice - President or Vice - President of thecorpo- ration be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, on behat of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile. and any spch Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to ary bond, undedakng or contract of suretyship to which it is attached. - i IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant jSecre- tary this January 1st, 2008. BY._ ece — ;• p�•S ARU• r„,„ ;� Daniel Young, Vice- President J (5) nRa : I . : �6 TF;4.y OCT. Vrla E h8 By: % 1 936 'o= Stephen T. Pate, Senior Vice- President � y : ., ', State of California * , „•• County of Orange On Auoust 13th, 2008 - before me, Jenny TT Nguyen, Notary Public Date Here Insert Name and Title of the Officer personally appeared _ Daniel Young and Stephen T. Pate Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subsc bed to the within instrument and acknowledged to me that he /she /they executed the same in hislherftheir authc ized JENNY TT w@UVETI capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of `' "t" which the person(s) acted, executed the instrument. ji w . NOTARY P CAUIVRITA ` I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE CGUNTY true and correct. ` >AY comm. expires Fgb. 19,21?17 1-x WITNESS my hand and official seal Place Notary Seal Above Signature .� y - i Jed TT Ngj n, Lary Public CERTIFICATE .1 The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney ere in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this JR day of matt a O/ o By: a / � Gregg Okur/! istant Secretary ID- 1438(Rev.11109) • UHIE INSCO INSURANCE SERVICES, INC. InSC %1C0 Underwriting Manager for: GGaf��p Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (800) 782 -1546 www.InscoDico.com (PAYMENT BOND - TEXAS PUBLIC WORK) PAYMENT BOND STATE OF TEXAS § Bond No.: 455934P COUNTY OFKerr § KNOW ALL PERSONS BY THESE PRESENTS: That we, Kendnel Kasper Construction, Inc. of the City of Fredericksburg , County ofGillespie and State of Texas , as principal, and Developers Surety & Indemnity Company , a corporate surety authorized to act as surety on bonds for Principal, are held and firmly bound onto County Court of Kerr County, Texas (Owner), in the penal sum of Seven Hundred & Eighty Five Thousand, One Hundred and Ninety Eight — ___- _______- DOLLARS ($ 785,198.00 - - -- - - -- ), we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal did, on the 4th day of March 20 10 , make and enter into a written contract with Owner forKerr County Sheriffs Annex which contract is hereby referred to and made a part hereof as fully and to be the same extent as if copied the length herein. NOW, WHEREFORE, a condition of this obligation is such that, if said Principal shall pay all subcontractors and suppliers furnishing labor, material, equipment and/or services to Principal or its subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void; otherwise to remain in full force and effect. The total amount of the surety's liability under this bond shall in no event exceed the penal sum hereof; PROVIDED, HOWEVER, that this bond is executed pursuant to and in strict performance with the provisions of Chapter 2253, Texas Government Code, as most recently amended, and all liabilities under this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. ID -1542 (TX) (3/04) • PAGE 1 of 2 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 29th day of March , 2010 PRINCIPAL: Kendnel Kasper Construction, Inc SURETY: Developers Surety & Indemnity Company Signature Signature Kendnel Kasper - President Stephen R Schmerbeck - Attorney -in -Fact Name and Title Name and Title Authorized Representative (Name and Title) By: Phone Number Signature of Authorized Representative ID -1542 (TX) (3/04) • PAGE 2 of 2 IMPORTANT NOTICE AVISO IMPORTANCE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call the Surety's toll free telephone number Usted puede llamar al numero de telefono gratis de for information or to make a complaint at: para information o para someter una queja al: 1 -800- 782 -1 1-800-782-1546 You may also write to the Surety at: Usted tanbien puede escribir a Surety at: P.O. Box 19725 P.O. Box 19725 Irvine, CA 92623 -9725 Irvine, CA 92623-9725 You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de Seguros to obtain information on companies, de Texas para obtener information acerca de compa- coverage, rights or complaints at: nias, coberturas, derechos o quejas al: 1-800-252-3439 1 -800 -252 -3439 You may write the Texas Department of Insurance at: Puede escribir al Departmento de Seguros de Texas P.O. Box 149104 P.O. Box 149104 Austin, TX 78714 -9104 Austin, TX 78714 -9104 Fax# 512-475-1771 Fax# 512- 475 -1771 web: http: / /www.tdi.state.tx.us web: http: / /www.tdi.state.tx.us E -mail: ConsumerProtection@tdi.state.tx.us E -mail: ConsumerProtection @tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you DISPUTAS SOBRE PRIMAS 0 RECLAMOS: have a dispute concerning your premium or about a Si tiene una disputa concerniente a su prima o a un claim you should contact the Surety first. If the reclamo, debe comunicarse con el Surety primero. Si dispute is not resolved, you may contact the Texas no se resuelve la disputa, puede entonces commit- Department of Insurance. carrse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso es solo This notice is for information only and does not para proposito de informacion y no se convierte en become a part or condition of the attached document. parte o condition del documento adjunto. 4i: IfSCC%ico Insco Insurance Services, Inc. Underwriting Manager for: Developers Surety and Indemnity Company • Indemnity Company of California 17780 Fitch, Suite 200 Irvine, CA 92614 1- 800 - 782 -1546 www.InscoDico.com ID-1404 (TX) (Rev. 7/07) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE, CA 92623 (949) 263 -3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby make, constitute and appoint. * ** Stephen R. Schmerbeck * ** as its true and lawful Attomey(s) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation, as surety, bonds, undertakings and contracts of suretyship going and granting unto said Attorney(s) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporation could do, but reserving to each of said corporation full power of substitution and revocation, and all of the acts of said Attorney(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. • This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEM- NITY COMPANY, effective as of January 1st, 2008. • RESOLVED, that a combination of any two of the Chairman of the Board, the President, any Executive Vice- President, Senior Vice- President or Vice- President of the Corpo- ration be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; • RESOLVED, FURTHER, that the signatures of such officers 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 signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond. undertaking or contract of suretyship to which it is attached. • • IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secre- tary this January 1st, 2008. /1 - oY.1y „ F NI7 • Daniel Young, Vice- President ' y J .. o9 YOa - - - y' • f a i ` OCT. u.� IA i • ;o 1936 404 • Stephen T, Pate, Senior Vice - President • State of California * ,,, • County of Orange On August 13th, 2008 before me, Jenny TT Nguyen, Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Stephen T. Pate Name(s) of Signer(s) 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 he/she/they executed the same in hisrherltheir authorized JENNY IT NGUYEN capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of `s , which the person(s) acted, executed the instrument 3 COMM. n 1"791840 4 11=G. NOTARY PUBLIC GAMMA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is 9p► ORANGE COUNTY iyA true and correct. My comm. expires Feb. 10 .2012 WITNESS my hand and offidal seal. Place Notary Seal Above Signature Je TT Ng i n, 1tary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore. that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attorney are in force as of the date of this Certificate. • This Certificate is executed in the City of Irvine, California, this a4 day of m e1eck , aO 1 By: % / �! ' Gregg OkU, istant Secretary I0- 1438(Rev.11109)