Asbury Estates-CS 981209 Coppell. Texas 75019
-') The City With A Beautiful Future 972-462-0022
//__~ PO. BOX 478
COPPELL, TEXAS 75019
December 9, 1998
Rick Simmons
Western Rim Investments, L.C.C.
P.O. Box 426 ,
Colleyville, TX 76034
RE: Asbury Estates
Final Acceptance
Dear Mr. Simmons:
A final inspection of paving and utilities for the referenced project has been confirmed by
representatives of the City of Coppell.
The two-year maintenance bonds and as-built drawings have been received from the contractor.
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 of this letter.
Sincerely,
Construction Inspector
cc: Mike Martin, Assistant City Engineer
Doug Stevens, Engineering Technician'
Glenn Hollowell, Director of Public Works
Greg Jones, Chief Building Official
Travis Crump, Fire Marshal
MAINTENANCEBOND
Bond # 5891624
KNOWN ALLMEN BY THESE PRESENTS:
That Metro-Plex Excavating, Inc. as Principal and
Safeco Insurance Company of America as Surety, are held and
firmly bound unto City of Coppell as Obligee in the
full and just sum of Twenty Eight Thousand Two Hundred Forty Two & 50/100's
Dollars and no/100's**($28,242.50), lawful money of the United States, to the payment
of which sum, well and truly to be made, the Principal and Surety bind themselves,
their and each of their heirs, executors, administrators, successors and assigns, jointly
and severely, firmly by these presents.
WHEREAS, The Principal has entered into a written contract dated May 18, 1998.
With the Obligee for Mansions By the Lake. Asbury Estates, 620 Coppell, Texas
75019
and WHEREAS, said contract provides that the principal will furnish a bond
conditioned to guarantee for the period of 2 Years after approval of the final estimate
on said job, by the owner, against all defects in workmanship and materials which may
become apparent during said period.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT,
if the Principal shall Indemnity the Obligee for all loss that the Obligee may sustain by
reason of any defective materials or workmanship which become apparent during the
aforesaid period, then this obligation shall be void, otherwise to remain in full force
and effect.
Signed, sealed and dated December 1, 1998.
Attest: Metro-Plex ExcavatinE, Inc.
(Principal)
tness) / ~ . t /. ~ ~'B ' / ~ /'
Safeco Insurance Company of Americ~a~
~ (Surety) x
BY: ~/~'~r~ ~ -~ey-i~t
William D. Birdsong,
SAFECO INSURANCE COMPANY OF AMERICA
POWER GENERAL INSURANCE COMPANY OF AMERICA
OF ATTORNEY HOUE OFFICE: S~.FECO PLAZA
SAFECO® SEATTLE, WASHINGTON 9818~
No. 9969
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington
corporation, does each hereby appoint
.....WILLIAM D. BIRDSONG; SAM R. KIIvIvlELL; WILLIAM W. GEORGE; Dallas, Texas...........".""""""""
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued in the course of its business, and tO bind the respective company thereby.
IN WITNESS WHEREOF. SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each
executed and attested these presents
this 241h day of July . 19 96
CERTIFICATE
Extract from the Bv-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V. Section 13. - FIDELITY ~d~lD SURETY BCe, IDS . . . the President. any Vice President. the Secretary. and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations. Shall each have authority to appoint individuals as
attorneys-,n-fact or under other appropriate titles with authority tO execute on behalf of the company fidelity and surety bonds and
other documenls of similar character issued by the company in the course of its business . . . On any instru33ent making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking
of the company, the seal. or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however.
that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted Ju~y 28. lg70.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out.
(~) The provisions of Article V. Section 13 of the By-Laws. and
(~i) A COPy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect.
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
[. R. A. P~erson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,
do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and
of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws. the Resolution and the Power of
Attorney are still m full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
th, s I day ofFi,' . :9 9g' .
S-9'~4/EP 1/93 ~) Registere(] trademark of SAFECO Corporation.
Merchants Bonding Company
P.O. Bo~ 26720 · Austin, Texns 78755-0720
512-343-903~ · WATS: i-800-252-9656
MAINTENANCE BOND
Bond No. TX-552273
KNOW ALL MEN BY THESE PRESENTS, that we Edwards Concrete Construction,
Inc. as Principal, and Merchants Bonding
Company (Mutual), a corporation organized under the laws of the State
of Iowa, and duly authorized to do business in the State of Texas as
Surety, are held and firmly bound unto City of Coppell
as Obligee, in the penal sum of
Forty One Thousand Doll~r~ ($ 41,c~0 00 )
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 constructed Asbury Estate~
WHEREAS, said Obliges requires that the Principal furnish a bond
conditioned to guarantee for the period of 2 year(s) after
approval of the final estimate on said Job, by the owner, against all
defects in workmanship and materials which may become apparent during
said period.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the
Principal shall indemnify the Obligee for all loss that the Obllgee
may sustain by reason of any defective materials or wo~kmanship which
may become apparent during the period of 9 year[s) from and
after 12/1/98 then this obligation shall be void,
otherwise to remain in full force and effect.
SIGNED, SEALED AND DATED this 1st day of December , 19 98 ·
Edwards Concrete Construction, Inc.
Principal
.~,tersigned ~: ~ BY:
~ ~ ~,%~ ME C~TS BONDING COMPANY (MUTUAL)
Attorney-in-Fact
Robert R. Freel
Writing Contract Bonds Nationwide
Best's Rating A (Excellent Category)
Incorporated 1933
Merchants Bonding Company
(MUTUAL)
POWER OF ATTORNEY
Know All Persons By These Presents. that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under
the laws of the State Of Iowa. and having its principal office in the City of Des Moines. County of Polk, State of Iowa, hath made.
constituted and appointed, and does by these presents make, constitute and appoint
Audrey Williams, Zelda M. Mills, Josh Penwell, John D. Malone IV, Joseph D. Sexton,
Robert R. Freel, and Brian A. Smith
Austin Texas
of and State of its true and lawful Attorney-in-Fact, with full power
and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all
bonds, undertakings, recognizances or other wnffen obligations in the nature thereof, subject to the limitation that any such instrument shall
not exceed the amount of:
Any and all bonds
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was
signed by tho duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all such acts of said Attorney-in-Fact,
pursuant to the authority herein given, are hereby ratified and confirmed.
This Power-of-Attorney is mede and executed pursuant to and by authority of the following Amended Substituted and Restated By-Laws
adoflted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992.
ARTICLE II, SECTION 8. - The Chairman of the Board or President or any Vice President or Secretary shall have power and author-
ity to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company
thereto, bonds and undertakings, recognizances, contracts of indemnity and othor writings obligatory in tho nature thereof.
ARTICLE II, SECTION 9. - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any
Power of Attorney or Certification thereof authorizing Iha execution and delivery of any bond, undertaking, recognizance, or other
suretyship obligations of the Company. and such signature and seal when so used shall have the same force and effect as though
manually fixed.
In Witness Whereof. MERCHANTS BONDING COMPANY (MUTUAL) has cause these presents to be signed by its President and
its corporate seal to be hereto affixed, this 1st day of January A.D., 1998
.- ~.~1~' 'CejZ' ·. MERCHANTS BONDING COMPANY (MUTUAL)
........
e~..
% $3. 1933 .:~: By
:-~):. ..'~;
· ........
STATE OF IOWA · · ·
COUNTY OF POLK ss
On this 1st day of January 1~8 , before me appeared Larry Taylor, to me
personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL).
the corporation describe in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said
Corporation and that the said instrument was signed and sealed in behalf of said Corportaion by authority of its Board of Directors.
In Tastimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, tho day and year first
above written.
... ........ ...
· ~ : '. '~' · Notary Public. Polk County. Iowa
· :IOWA ~ :
~ % .- ·
".. '°4'::' '"'
STATE OF IOWA ··
COUNTY OF POLK ss.
I, W'dliam Warner. Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
is a line and correct co~y of tho POWER-OF-ATTORNEY, executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still
in force and effect.
In Witness Whereof. I have hereunto set my hand and affixed the Seal of the Company on
,~SCOSt~AU 2:,8 %"' '.. 1~J33 :'
........
CHECK VENDOR
NEWPOR~'~CLASSIC HOMES-APT. DIVISION,,,~G. (2:)0) DATE 12/01/98 NO. 002667 NO. CITYC
":~ff.~' '"v~0~l~ ~°~)~y~.60 ~'sc°~b~.oo '~"t~" oz6~ .~^~o~.~
EROSION CONTF OL BOND
TOTALS · 554. ~J0 0.00 TOTALS ·
(2~0) 002667
BANK ONE. TEXAS,
500 Throcl~norton
NEWPORT CLASSIC HOMES - P.o. ~ox
APARTMENT DIVISION, INC. FL Wo,h. TX 76102
P.O. BOX 426
COLLEYVILLE, TEXAS 76034 32-61/1110
(817) 215-8100
DATE CHECK NO. AMOUNT
12/01/98 002667 *****'55q. 60'
o.DE.'r°~Eor CITY OF COPPELL
CASH
RECEIPT Date'~ "~ -~ 036217
Received From )JC4JJFI~T- CJL. Jb,~-~(~-~ '~t~,l~.
~dre~
ACCOUNr HOW PAID
~E ~EY By
STORM WATER MANAGEMENT INVOICE
P.O. BOX 202991
ARLINGTON. TX 7C34:306
METRO (~ I 71 ~7~-g~'7 DATE INVOICE #
FAX (817! 4~9-9307 12/!/1998 1511
BILL TO
Ncwpon Classic Apt. Homcs
P,O. Box 3105
Grapevine, TX 76099 i ~'.o..,,~o. i
i i TERMS
~ Net ] 5
i Man$iom by the Lake Coppeli
QI.!.~NTIT¥ DESCRIPTION RATE AMOUNT
....... 6-20 Instali s~andard Silt re.ce. ( / L.V'. ) O. SS 545.60
We look forward to doing business again soon. r Total ss4s. s0 ~
· I
I
Yhis c~t is )'our n~icc ofom inl~nt m fiic Icin flour I~'rrgm t~rms ~r~ nol folkm'ed.