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Copperstone-CS 960808The City With A Beautiful Future P.O. Box 478 Coppell, Texas 75019 214-462-0022 August 8, 1996 Ronnie Burkett Glenn Thurman, Inc. Box 850842 Mesquite, TX 75185 RE: Copperstone Dear Ronnie: The paving facilities in the above referenced addition were inspected during construction by the City of Coppell Engineering Department and were installed according to the plans and our specifications governing such work. As of the above date, the facilities are accepted subject to the two-year maintenance agreement. Thank you for your cooperation during this construction and if I can be of further service, please contact me at (214) 304-3685. Sincerely, Construction Inspector cc: Briscoe Clark Bond No. 11127266184 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS. That we. GLENN THURMAN, INC., as Principal, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a corporation duly licensed to transact business in the State of Texas (hereLnaf~er called the Surety), as Surety, are held and firmly bound unto CITY OF COPPELL in the sum of Three Hundred Seven Thousand, T~o Hundred Sixty Four and 18/100- ($ 307,264.18- --) Dollars for the payment of which sum well and truly to be made, we. the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, formally by these presents. Sealed with our seals and dated this 22nd day of July 1996. WHEREAS, the said Principal has heretofore entered into a contract wi~h for COPPERSTONE, LTD. and, COPPERSTONE ADDITION (PARKWAY BLVD. EXCLUDED) WHEREAS, the said Obligee has requested that said work be guaranteed against failure because of defective workmanship or material, performed or furnished by said Principal for a period of T~o (2) year (s) from date of completion and acceptance, normal wear and tear excluded. NOW THEREFORE, if the said Principal shall indemnify and save harmless the obligee against loss or damage occasioned directly by the failure of said materials or workmanship, then this obligation to be void, otherwise to remain in full force and effect. It is understood, however, that this bond shall not include loss or damage by failure of workmanship or materials due to hurricane, cyclone, tornado, earthquake, volcanic eruption or any similar disturbance of nature, nor military, naval or usurped power, insurrection, riot or civil commotion, nor any act of God. It is further understood and agreed that the total liability of the surety under this bond shall in no event exceed the sum stated above. Any suit under this bond must be instituted before the expiration of two (2) years and one (1) day from the expiration date of this bond. No right of action shall accrue upon or by reason of this obligation, to or for the use of benefit of any person, firm or corporation, other than the obligee herein named. GLENN THURMAN, INC. AMERICAN AUTOMOBILE Don E. Cornell, Attorney-in-Fact rOw~o~ ~roa~'~ AMERICAN AUTOMOBILE INSURANCE COMPANY E. SE. r .EN'rS: Tha! m. N. ^.UTO_ OBILE IN .U NCE CO r^ Y., Co ,,,io, orS,, and ea i,, · laWS o! t~ ~tale ot Missouri, and having its princ~pas omea m mc ~.oumy of Marsn, Scare of California, has made, co~slltuted ~d appointed, and does by th¢~epre.l~numake, consmute,ndappoin! JERRY P. ROSE, TON:[ J. BRAUN, DON E. CORNELI., .~o:Lnl:].'y or severally DALLAS TX its true ~nd lawful Attorney(s)-in. Fac~, with fun power and authority hereby conferred in its n~me, place and stead, to e.xecute, seal, acknowledge and deliver any and all bonds, undertaking, recogmz~nces or othe~ written ob[isatio-, in the nature thereof ..... and to bind the Corporation thereby u fully and to the ~ame extent as if such bonds were signed by the President, sealed with the corporate seal of th~ Corporation and duly attested by its S~cretary, hereby ratify~n[ and confuming all that the ~id Attorney(s)-in-Fact may do in the premises. This power of attorney is ~ranted pursuant to Article VII, Sections 45 and 46 of By-laws of AMERICAN AUTOMOBILE INSURANCE COMPANY now in full force and effect. #A~'ge V1]. Appointment a~d Authority of Rcslden~ ~ecret~rl~, A ffomeyta-F~cf s~d Age~b to accept f~g~i Proce~ aad M~ke Appe~raoce& Section 45. Appolatm~at. The C"ntlrmaa of the Board of Directors, the President, any Vice-President or any other person authoFo, ed by the Board of Directors, the Chairman of the Board of Dlrectocs, the Pr~ldent or any Vice-President may, from time to time, appoint Refldent A.ub~al S~-~;aries Iud Attorney~u-Fact to represent and act for iud on behalf of the Corporation and Aleuts to accept legal process and make appearances for and on behalf of the Corporation. Sectioa 46. Aathority. The authority of such Resident A~sLvtaot Se~.larie~, Atlorneys-lo-Fact and AgenC~ shall be as prmctibed ia tl~ Imr~mmat ~ddeuc~g their appoiatme,q. Any tach appolutmeut aud all authority granted thereby may be revoked at any time by the Board o! Director~ or by aay petrol emlmwered make M appointment." This pow~ of attorney is signed and s~led under and by the authority of the follow/n8 Resolution adopted by the Board of D[rector~ of AMERICAN AUTOMOBILE INSUi~CE COMPANY at a meeting duly ca~lcd and ~.eid on the 31st day of July, 1984, and ~id Resolution has nM been amended repealed: "RJ~OLVED, that the slgnarure of a~y ¥ice-Fresident, Assistant ~r~ar% and Resident As~isumt ~eoetary of this Corporation, and the ~ of Corporation may bc af£axed or pr/hied on any power of attorney, on amy revocation of any power of attorney, or on any certiFa:ate relating therelo, by fac~im~, and any power of allorncy, any revocation of any power of attorney, or certifleate bearing such facsimile signature or faesim~e ~ shall he vMJd and binding upon the Corporation." IN WITNESS WHEREOF, AMERICAN AUTOMOBILE INSURANCE COMPANY hu caused these presents to be signed by iu Vk:e-Presidem, and Its corporate seal to be hereunto affi.xed thJa 2~l:h dayof January ,1996 . AMERICAN AUTOMOBILE INSURANCE COMPANY STATE OF CALIFORNIA ~, ss. COUNTY OF I~LARIN OathS2 ~1:h dayof January ,19 96 , before me personaJly came ]VI. A. Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Vice-President of AMERICAN AUTOMOBILE INSURANCE COMPANY, th~ Corporation described in and which executed the above instrument; that he know~ the seal of said Corporation; Oma the seal affixed to the said ins~ument is such corporate seal; that it w~ so affixed by order of the Board of Directors of said Corporation and that he signed h~ name thereto by like order. tN WiTlq~$ WHEREOF, I have hereunto set my hand and afl'axed my official ~.al, the day and year herein f'ust above writtea. COMM. # 104,5112 ,a· a ~,.~ m COU:~TY 0 STATE OF CALIFORNIA ( ss. COUNTY OF MARIN I. the undersigned. Resident Assistant Secretary of AMERICAN AUTOMOBILE INSURANCE COMPANY. a MISSOURI Cm~oration. DO HEREBY CERTIFY th~! the foregoin$ and attached POWER OF ATTORNEY remaim in ful~ force and has not been revoked; ~nd furthermore that Article ¥11. Section~ 4~ and 46 of the By-laws of the Corporatic.~. and the Resolution of the Bo~d of Director~; se~ forth in the Power of Attorney. are now in force. da, o, 360711 -AA-3-95 IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: 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, TEXAS 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 AGENT OR 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. oration MA I NTENA~NCE BOND KNOW ALL MEN BY THESE PRESENTS: That, J.F. CLACK, INC. BOND NO.: BCN1044472 as Principal, and BITUMINOUS CASUALTY CORPORATION, a corporation organized under the Laws of the State of Illinois and authorized to do a surety business in the State of Texas, with office at 222 W. Las Cofinas Blvd., Ste. 750, Irv£ng, Texas 75039, as Surety, are held and firmly bound unto the CITY OF COPPELL in the sum of,TWO_HUNDRED, NINETY-EIGHT THOUSAND~ FIVE-HUNDRED DOLLARS & NO/100* ($298~500.00'), lawful money of the United States of America, for the payment of well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these present: SEALED with our seals and dated this 27TH JUNE 1996 WHEREAS, on the J.F. CLACK, INC. as contractor, entered into a contract for PARKWAY BLVD. BRIDGE OVER COTTONWOOD CREEK the said for the sum of *TWO-HUNDRED~ NINETY-EIGHT THOUSAND, FIVE-HUNDRED DOLLARS ~298,500.00'** ); and, WHEREAS, under the terms of the specifications for said work, the said J.F. CLACK~ INC. is required to give a bond for*TWO-HUNDRED, NINETY-EIGHT THOUSAND, FIVE-HUNDRED DOLLARS & NO/J00* ($298,500.00'**), to protect the CITY OF COPPELL against the result of faulty materials or workmanship for a period of (2) TWO year(s) from and after the date of the completion and acceptance of same namely until 7/1/98 NOW THEREFORE, if the said J.F. CLACK, INC. shall for a period of (2) TWQ years(s) from and after the date of the completion and acceptance of same by ~TT¥ OF C~PP~TJ. said replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, the above obligation to be void; otherwise to remain in ~ force and JUDY BOOZER/ Attt~Fney In Fact Member of Ihe Olcl Flepubl,c Insurance Group ~a _¢e4_ by-facsimile _u _r~l_ ~ the _a U~hO _~: o¢__ ~i'rkj res~ utio~~,' the:-bs:aCd ~?~re~l~ BITD--MI NOU_~E.'tTY{.-4.~ that ~id cdrporate ~I - t~ ~re~ing and a~ac~ ~r board of dire~o~ set fo~ ~e Pow~ CA~yl-~nbw . - -' - - I;~ ~1.~.[..,',~ ~m b~[Imv~..~'~m*~ ~ ltl~"""~"~"~"]~"~:~"":~:~" :~":~"~