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Country Estates-CS 930105 I Coppell, Texas 75019  The City With A Beautiful Future 214-462-0022 J~un_~ 5, 1993 ~ H. T. Ardinger & Son Co. c/o Nathan D. Maier 8800 N. Central Expressway Suite 300 Dallas, TX 75231 Re: Country Estates Gentlemen: The water, sanitary sewer, paving and drainage facilities in the above-referenced addition were inspect~t during construction by the City of CoppeH 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 one-year maintenance agreement. Thank you for your cooperation during this construction and ifI can be of further service, please contact me at (214) 393-1016. Sincerely, Construction Inspector cc: HCH Construction, Inc. Rebcon, Inc. Nathan D. Maier Kenneth M. Griffin Rey Gonzales Howard Pafford MAINTENANCE BOND Bond No. 30372117 KNOW ALL MEN BY THESE PRESENTS, That we, Re b c o n, I n c. (hereinafter called the "Principal") as Principal, and the Colonial American Casualty and Surety Company, oftheCity of Baltimore a corporation duly organized under the laws of the State of Maryland and duly licensed to transact business in the State of T ~ x a ~ (hereinafter called the "Surety"), as Surety are held and firmly bound unto City of Coppell: Tmxam Fourteen Thousand, Seven Hundred (hereinafter called the "Obligee"), in thesum of ~h;I. rty-Two and 38/100 ...... ($ 14. 732.38 ) for the payment of which, are 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, firmly by these presents. Signed and sealed this .... .9..t3..h. ...... day of ..... .p..e..c..e..m..b...e..r. ............. 19 ...9...2... THE CONDITION OF THIS OBLIGATION is such, that H. T. Ardinger & Son, Inc. WHEREAS, the said Principal has heretofore entered into a contract with ~Ol~dated May 22 , 19 92 ,for Paving Improvements for Country Estates WHEREAS, the 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 o n e years from date of completion and accept- ance, normal wear and tear excepted. NOW THEREFORE, if the said Principal shall indemnify and save harmless the obligee against loss or damage occasioned directly by tile failure of said materials or worknmnship, then this obligation to be void, otherwise to remain in full force aud 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 of Fourteen Thousand, Seven Hundred Thirty-Two and 38/100($14,732.381~ollars' No right of action shall accrue upon or by reason of this obligation, to or for the use or benefit of any person, firm or corporation, other than the obligee herein named. Rebcon, Inc. Colonial American Casualty and Surety Principal Surety C o mpa n y /r~'0~if-/ ('. t~. Elnora Cruthis Attorney-in-Fact FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by STEWART R. DUKE , Vice-President, and HARY JEANHE ANDERSOH , Assistant Secretary,_i~pursuancc of~hority granted by Article VI, Section 2 of thc respective By-Laws of said Companies, which arc sci forth on(~erse sidc~,~and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute~i,a~,~,~pointDe.r~.,~'~,~l:' C. Dodson, Sam J. Mullis, Jr.. Fred C. Wald, Jr., Elnora Cruthizao_~h~ Sherg.~squita,~ all of Dallas, Texas, EACH ............................. ~ , , ~.~ ....... xi~....: ................. ~ ..... me true aaa laWlUl agent aaa ^tttorney-ln-l~act o4 each, I~, CXecut,~nd deliver, for, and on its behall' as surety, and as its actanddeed:any and all bonds and g~'rtakin~.~.EXCEPT bonds on behalf of Independent Executors, Community~ivors~..~ <~., Community Guardians .... ..,, ........ ^ns me execution of such bonds or undertakings..~,.uX~uance of~f,.s~"~resents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if t...~ been d_t~t.~cuted and acknowledged by the regularly elected officers of the respective Companies at their offices i~,,~ore, Md.~l~eir own proper persons. This power of attorney revokes that issued on~'*~beh~'~°f De~elY C. Dodson, etal dated February 28, 1992. In WrrN ~ss Wa,~EOF, the said ~V~ ~'~rTsident sze..~'~,ss~'stant Secretaries h.._ avehereu nfo subscribed their names and affixed the Corporate Seals of the said FIDELITY AND .~ COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY this ............................ ~.~,,~t~.-~. ................ day of. .................... .fi, tlg.~.l;. ........................ A.D. 19__~2 ~ /~/ /Assistant Secretary Vice-President ~~ IERICAN CASUALTY A~Y~O~~ O ~ By ...... _~ ........2X~_~ .Z_~. __°~_. _'.~..._ .~. ............ Ass~tant Secretary Vice-President STATE OF MARYLAND CITY OF BALTIMORE ~' SS: On this 26th day of August , A.D. 19 92, before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice-Presidents and Assistant Secretaries of thc FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself dcposeth and saith, that flmy are the said officers of the Companies aforesaid, and that the ~als affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures aa such officers were duly affixed and subscribed to the said instrument by the authority and direction of the s'~ Corporations. IN TESTIMONY WHEREOFO'~et mY hand and affixed mY Official .,..,..%al~d~e~_o._o.f ~o._._~year first above written. ......... My commission expires._.~.a.~v._.J_.~.__J._9..9..~_ ...................... CERTIFICATE 1, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY do hereby certify that the original Power of Attorney of which thc 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 Vice-Presidents who executed the said Power of Attorney were Vice-Presidents specially aulhorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2 of thc respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of December, 1991. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assislam Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy of any power of aUorucy issued by the Company, shall be valid and binding upon thc Com- pany with the same force and effect aa though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed thc corporate seals of thc said Companies, this 9 th December 9 2 . ........ day of. ....................................... 19 ...... ~ ~.~_ ~ I · ~ EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Commmittee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents,' Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages .... and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, xecognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages .... and to affix the seal of the Company thereto." LI419c(TX)--CI f. FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICES: BALTIMORE, MD 21203 Maintenance Bond KNOW ALL MEN BY THBSE PRESENTS, that we HCH CONSTRUCTION~ INC.: ............... gi~ h.a_~ ~t_~ .O_~'.,_..%0_ _x_a_.s ........................................................................................... ~ ....................... hereinafter · ' d De osit Com an of Maryland Fxdelxt an p. P__.~.Y. .............. ~-- " called Principal, as Principal, and .................ff- a corporation of the State of Maryland, Baltimore, Maryland, hereinafter called Surety, as Surety, are held and firmly bound unto ¢i_ty. of ¢.o..g.p. ell~. Texas .................................................................... hereinafter called Obligee in the sum of Thirty_-eight thousand four hundred eighteen dollars and no/100 dollars ($38,618.) - DOLLARS, lawful money of the United States of America, to be paid to the said Obligee, or its successors or assigns, to the payment of which sum well and truly to be made, we do bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this ...... .9..t_.h_ ..................................... day of.__-D-e---c--e--m-b---e--r- .......................... 1~--2--' WHEREAS, the Principal entered into a contract with the said Obligee, dated_ ...... ~..ay__.2..8_.x_]_9..9__2. .... ~:: .~.~ .... for wate.r_t sewer and storm'sewer imp. rovements for Chautau.~_u.a Pla.c_~_~.~ ~l~'~S~ and Harris Street/.B~.t..h_e_.l__..S_c__h_o_o_l.__R_o._a__d. ............................................... , .............. ............................................................................................................................................. and, WHEREAS, the Obligee requires that these presents be executed on or before the final completion and acceptance of said contract and WHEREAS, said contract was completed and accepted on the. ............. -!-s--c- ....... day of D_e.~.e_!gb_e_~ ..... 19.9_2. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall remedy, without cost to the Obligee, any defects which may develop during a period of. ...... from the date of completion and acceptance of the work performed under the contract, caused by defective or inferior materials or workmanship, then this obligation shall be void; otherwise it shall be and remain in full force and effect. FIDELITY AND DEPOSIT COMPANY OF ............................................................................. R~6b~rt Er. Stal,~dker, r. At torney-in-fact · Tm FIDELITY AND DEPOSIT COMPANY OF MARYLAND [~ COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Coml~mies HOME OFFICFS: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW AI.L MF.N BY THESE PRESENTS: That the FII)EI.ITY AND DF. POSIT COMPANY OF MARYLAND. and the COLONIAL AMERICAN C.xst',xt.l", .xNl} St'RE'fY COMPANY. corporations of thc State of Maryland. by C. M. PECOT, JR. , Vice-President. and C.W. ROBBINS . Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the res -crime By-Laws of said Companies, which are set forth on thetr, everse side her..k~f and are hereby certified to be in full force .pc . ' ' can 'nt Robe Stalnaker, Jr , Joe N. ; effect on the date hereof, do hereby mnmnatc, constttut' · ~ ~[~" ' · ~nd ...... ~ w .... r John M Barnes, Ka~-~'~Price,c~x~M- Adler and Irmgard Collins, the true and lawlul aitent and Attorney-m-Fact ot each. to ,k~'h~xecute, as its actanddeed: ~ny and all bonds and u)~.'Yaking~XCEPT bonas on oenat~: o~..,.,~,.,,::t,=,, ..... revokes that issued on beha~L~Rober Stalnaker, Jr., etal, dated, August 13, 1991. IN WITNESS WI'I£REOI:. the said Vic~i~ents and...~i~j.s~ant Secretaries have hereunto subscr,bed !he,r .names. and affix the Corporate Seals of the said FIDEL~ AND DEPC~OMPANY OF MARYLAND and the COLONIAL AMERICAN LfASUALTY AND SURETY COMPANY this ........... ~..8.~. ..................~ .......... day of .......... .J..a_~.u...a__r.~ ............... 1~ A.D. 199_2... A'rTEs'r: t~'~LITY AND DEPOSIT COMPANY ~ MARY~-~ND COLONIAL AMERICAN CASUALTY AND S/I,~TY 4~MPANY Assistant Secretary STATE OF MARYLAND SS: CITY OF BALTIMORE On this ].st day of January , A.D. 19 92. before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice-Presidents and Assistant Secretaries of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself dcposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. WHEREOF, I have hereunto set my hand and affixed my Offici~~ ~o~~ahove written. IN TESTIMONY x~ My commission expires Aug.u_$.t 1~ 1992 ..... CERTIFICATE I. thc undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY do bereby 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 Vice-Presidents who executed the said Power of Attorney were Vice-Presidents specially authorized by the Board of Directors to apl~finl any Attorney-in-Fact as provided in Article VI, Section 2 of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and Ihe COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of.the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the Sth day of December, 1991. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of Ihe Company, whether made heretofore or hereafter, whenever appearing upon'a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Com- pany with the .,rome force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 9th ...day of December .................... 19.9..2_.. {~~_ 168 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND ,,. "Article VI, Section 2. The Chairman of the Board, or tile President, or any Executive Vice-President, tlr any of thc-Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Commmittee~ shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secrelaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assigmnents of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman oftbe Board, or the President, or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vic~-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authoriz~ any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." LI419c(TX)--Cff. ~