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Fairways-CS 931210The City With A Beautiful Future P.O. Box 478 Coppell, Texas 75019 214-462-0022 December 10, 1993 Mr. Mike Daniel, P.E. Nathan D. Maier Consulting Engineer Three Northpark 8800 N. Central Expwy. Suite 300 Dallas, TX 75231 Re: Fairway at Riverchase Final Acceptance Dear Mr. Daniel: A final inspection of the above-referenced project has been confirmed by representatives of the City of Coppell subject to the various maintenance agreements. The paving, water, sanitary sewer and drainage has been verified and is in compliance with the City of Coppell standard requirements. Erosion protection will also be maintained until bond expiration. The one-year maintenance bonds and as-built drawings have been received from the contractor. Maturity on the bonds will be one year from the date of this letter. Maturity on the Erosion Control Bond will be two years from this letter. Sincerely, ~ La~y~ Davis Construction Inspector Howard Pafford, Water Superintendent Kenneth M. Griffin, P.E., City Engineer Rey Gonzales, Street Superintendent Greg Jones, Building Official C.W. Young Mike Boney, Site Concrete Doug Stevens, Engineering Technician MAINTENANCE BOND KNOW ALL MEN I]¥ I'HE,<:E PRE~ENTS: A,5: KRINCIPAL, TItAT S[I'E ,..;ONCREI'E, INC ................... EAGLE INSUI~ANCE COMPANY AS otRErY, ^RE I[FI.D AND FIRMLY UNTO RIVER CIIA;UE ESTATES, ,LTD Ag 09LIGEE, IN THE FULL JUST SUM OF FOUI;'.[Y ONE TItOUSAND TWO HUNDRED NINETY ,giX AND 42/1,),) DOLLARS ($41,29/5. 42), LAWFUL MONEY OF TIlE UNITED STATES, TO THE PAYMENT OF WHICH SUM, WELL AND TRULY TO MADE, THE PRINCIPAL AND SURETY BIND THEMSELVES, TIIEIR AND EACH OF TIJEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCF. SSORS AND. ASSIGNS, JOINTLY AND SEVERALLY, FIRMLY BY THESE PRESENTS: %'ItEREAEI, THE PRINCIPAE HAS ENTERED INTO A WRI"ITI:N CONIRACT DATED 25TH JUNEi, 1,993 WITtt OBLIGEE FOR PAVING IMPROVEMENTS F. Ot~ FAIRWAYS OF... RIVER CItASEi COPPELL, TEXAS AND WHEREAS, SAID CONI'RACT PROVIDES THAI' TIlE PRINCIPAL WILL.FURNISH A CONDITIONED TO GUARANTEE FOR THE PERIOD OF ONE (1) YEAR AFTEt? APPROVAL OF TIlE FINAL ACCEPTANCE ON SAID JOB, BY THF CITY~ AGAINST ALL DEFECTS IN WORKMANSHIP AND MATERIALS ~HICH MAY BECOME APPARENT DURING SAID PERIOD. NOV, THERitFORE, TIll1 CONDITION OF THIS OBLIGATION II~l SUCll TItAT~ IF TI1U PRINCIPAL SHALL INDEMNIFY THE OBLIGEE FOR Al.I. LOSS TII^T THE OBLI~;~.F. MAY SUSTAIN BY REASON OF ANY DEFECTIVE MATERIALS OR WORKMANSHIP BECOME APPARENT DURING THE AFORESAID PERIOD, TIIKN THIS OBLIGATION SHALL BE VOID, OTItERWISE TO REMAIN IN FULL FORCE AN[, EFFECT. THE loth_ . DAY OF ~ , 1993. SIGNED, SEALED AND DATED .THIS 'rE CONCRETE, .INC .... <.PR I NC: ! PAL) ...... / EAGLE INSURANCE , .'/ . . I~ gatt I'edlo, San ^,tonlo, Texas 782~7.,,,,,-,~ eam~ GENERAL POWEll OF AII't)RNEV , a// KIIOW All Men By '1 hese I~le~elt~S0 1hal EAGLE IHSURANCE COMI AH¥ has made. cnnslllnletl In~l J~v tltese mesentl doel mike. con~lltqtle ami nl)l)flhd .......... .... . ....... - FIIEU I'IIE'IFORD, flAY IIAWfl~K, 1'OM Itl leue end lawlul illolney. Im II end Ill name. place, and stead Io execute on behall al Ihe smd ComlmflY. ag ~utely. end conllacts of suielyshlp to be given In ALL OBLIGEEg provided tim! no bond of undedakl,I n~ cmmact al smelyshlp executed under this aulhmlty shall exceed In amomd Ihe .~lnn at $500,000.00 1his Power of Attmney I! Winded nmi Is sll;ned #rill Renled by facshnlle under m,! by lite atllhmlly cd lite hdlowl,e I~cc()htll¢,t adopted by Ihe Board cd Llheclm! al the Company on Ihe ~Oth ally cd luna. 199.1 "iESOI.VI~.I). thai Ike Challman (d II~e Ilnatd. Ihe Vice chairman M tl~ Board. the ~e~hlent. thereto Ihe seal M I~ Co~. binding e~n the C~pa~ ~n so affixed Brai In the ~me w~h ~especI to e~ bnnd. ufldettaMns m t~teKt ~ lme~y~ lo ~k h etl~ Ileal" lit WJllleSg Wheleol, EAGI.E IN~IIRANCF, COMrAHY has cattsecl tls official seal to be hereunto alllxed, nmi these pte~r,l~ sllned by Ihe P~esldenl Ind lllesled by Ils Vke P~esldet:ts this ~th day cd luly. 1991. EAGI,£ IHSURANCE coMPANY Attest: STALE OF 1~S ,: -~ ss.: COUHIY OF BEXAR (""' $lcflJlen C. IJahll~t'i~hle"t · -On thle Sth day d tuly. 19~11. belme me personally came StePhen C. Uahlbo. to me known, who f,ellql lay thM he ~ ~esldeM d the EAGI.E IflSIIRAflCE COMI'AHY. tim cmpMatlen deKdl~ed In nmi which exectded tim nlmve I.~l.m,rnt: thai he k~ws the teal d I~ gild cat,lotioN; that the seal nlllxed lo the said Inslgume,t I~ snch cmpolJle leil~ thai I~ was so MilKed hy of(Icc of def. d the ~ltd d ~lm d laid Wl~jllon l~ that he signed lib name hereto by like ~ MI ~es~ etas Il. Ifil mm~s~ ~X dies ~qealY 16. 1994 AGI E IN,III R COMI'RHY ~ ~NaR cnqmlatlon. I~ tI~.RR~Y I. the undeesl~d. ~ela[~ o~ II:e.E , .:. Afl~ ;~ ...... LLa, ind' ludhe~mme Ilml fie Rewhd~ ittacNed ~wer M Atlmne~ lemeln~ m lml force Nun fins ~ ueen ~c~u~c~ · · lei forth In the said Power al Atlmney. Is now In force. Signed lad sealed Il the city of SaN Antonio. In lite State cd Texa~. L)ated lite 301:h day,,cd.:: 31X,Y .t~ 03 r^'l/CiA I. ItOWA.!m. ~,,tta,y Ohio Casualty Insur , ce Company BOND # 2751365 136 N. Third Street, Hamilton, Ohio 45025 Maintenance Bond Know All Men By These Presents, That we, C ~ Young Construction, Inc. as Principal, and THE OHIO CASUALTY INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, with principal offices at Hamilton, Ohio, as Surety, are held and firmly bound unto City of Coppell (hereinafter~ .c.a, Ued~ .the Obligee), in the ~enal sum of ..... .T.b.i.!'.ty..n..~D.e....t..h..o..u..s.~.Qg~...e..igl~t..bU.n.d.¥..e..d and rzrcy rzve thousand and 0Er/100 ................................................................................................................................ ($ ............................ 39855.50 ) Dollars, for the payment of which, weU and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, joindy and severally, firmly by these presents. DATED this ....... ~ 3..r.d ................... day of....r~.°..¥..e..m.b..e..r. ....................... 19....9..3... WHEREAS, the said Principal has heretofore entered into a contract with the Obligee above named for Fairways of Riverchase Water Sanitary Sewer and Storm Drainage and, WHEREAS, the work caUed for under said contract has now been completed and accepted by said Obhgee; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Principal shall, for a period of ...... one ................. years from and after the.a~.per...accept~pfcity .......................... : ..... 19 ....... , indemnify the Obligee against any loss or damage direcdy arising by reason of any defect in the material or workmanship which may be discovered within the period aforesaid, then this obligation shall be void; otherwise to be and remain in full force and virtue in law. PROVIDED, HOWEVER, that in the event of any default on the part of said Principal, written statement of the particular facts showing such default and the date thereof shall be delivered to the Surety by registered mail, at its Home Office in the City of Hamilton, Ohio, promptly and in any event within ten (10) days after the Obligee or his representative shall learn of such default; and that no claim, suit, or action by reason of any default of the Principal shall be brought here- under after the expiration of thirty days from the end of the maintenance period as herein set forth. Form 5-177 TJ~E O~/CASU~~ INSURANCE COMPANY ..... ...................................... '~A'~D~V I S / AI'I'ORNEY-IN-FACT CERTIFIED COPY OF POWER OF ATI'OKNEY OHY CASU ,I,TY INSURANCP' COMPANY ' ~' HOM~ OFFICE, HAMILTON, OHIO NO. 26-06 of authority granted by Article VI, Section 7 of the By-Laws of said Company, does hereby nominate, constitute and appoint: Jerry Jordan or Ruthie Smith or Traci Davis of Arlington, Texas its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance ONE MILLION - - ($ 1,000,000o00 - ) Dollars, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. O In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the said The Ohio Casualty Insurance Company this 8th day of November 19 89. STATE OF OHIO, I SS. ' ............. ~'"'"'"'""- ..................................... ~;~'(;~'~;~"~'~'g~ COUNTY OF BUTLER On this 8th c~y of November A.D. 19 89 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Buder, duly commissioned and qualified, came John B. Vail, Assistant Secret. ary of. THE OH.lO CASUAl, T~, INSUR~,.NCE. COMPANY, ,to ,me l~,rson~y ~kno~n_ tO_xebecu.[ohne individual and officer described m, and who executea me precemng instrument, ann ne ac~now~eugeu m_e e.e. t . of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate .Se~ of said C?mpa,ny, an,d t.he said, C,o. rpor. ate Se,al .and his, signature as officer were duly affixed and subscribed to the satd instrument ~y me aumor~ty ann mrect~on ut me sma Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official ~~ Seal at the City of Hamilton, State of Ohio, ~bove ;~.'~g~.~.~ Commission expires ~l~m~- My ......... Deie~r....25,....l.g. gl ....... This power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of the Company, adopted by its directors on April 2, 1954, extracts from which read: "ARTICLE VI" "Section 7. Appointment of Attorney-in-Fact, etc. The chairman of the board, the president, any vice-president, the secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the Company as surety to, and to execute, attach the. corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of county or state, or the United States of America, or to any other political sub- division." This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on May 27, 1970: "RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any cop~' of a power of attorney and the seal of the Company may be affixed by. facsimile to any power of attorney or copy thereot issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same force and effect as though manually affixed." CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the .foj~oing power of attorney, Article VI Section 7 of the by-laws of the Company and the above Resolution of its~,~ffB~ard ofz.,~,/~//Di~&ora are: tr and correct copies and are in full force and effect on this date. . - -- z~"~x- a~^ 19t'~ ~-~a~ IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this ~ day ~f//aa ~A.D., S-4300-C 4-88 15M The Ohio Casualty GrOUP of,.surancecompanies BRANCH OFFICE: 275 W. Campbell Road, Suite 501, P.O. Box 833826, Richardson, Texas 75083-3826 Telephone: 214/497-9966, Metro: 214/988-7094, FAX: 214/497-9666 DWIGHT C. WILCOX, Bond Manager December 6, 1993 Mr. Larry Davis, Engineer City of Coppell P. O. Box 478 Coppe11, TX 75019 RE: C W YOUNG CONSTRUCTION, INC. BOND NO. 2-751-365-1 (Fairways of Riverchase Project) Dear Mr. Davis: It is our understanding that the maintenance bond required under the contract for Fairways of Riverchase, water sanitary sewer and storm drainage project was rejected due to a misunderstanding regarding the expiration date of the notary's commission on our power of attorney. We are the surety company for C. W. Young Construction, Inc. and we would like to assure you that the power of attorney attached to the maintenance bond for the city of Coppel! is still va!id. Our powers of attorney are continuous instruments and are valid until revoked. Please recognize this letter acknow!edging the power of attorney as va!id and accept the maintenance bond from C W Young as a valid document. We appreciate your diligence in this matter and apologize for any misunder- standing our power of attorney form may have created. Sincerely/ ,~ Mithael A. Coombs MAC:nb The Ohio Casualty Insurance Company - ~st American Insurance Company - American Fire & Casualty Company The Ohio Life Insurance Company - Ohio Security Insurance Company - Ocasco Budget, Inc. ,,-IOMPSON INTEI~E S December 17:1993 Mr. Doug Stevens Engineering City of Coppell 255 Parkway Boulevard Coppell, Texas 75019 RE: FAIRWAYS OF RIVERCHASE Dear Mr. Stevens; Enclosed is check ~ 1069 for the amount of $3,365.00 which is to be held in an escrow account for two years for The Fairways of Riverchase for our Erosion Control Bond. If you need anything further or have any questions, please don't hesitate to contact my office. Sincerely, William G. Thompson Enclosure 8333 DOUGLAS ' SUITE: ]5i0 ' DALLAS, T£XAS ?S22S-S81 ! · i214) 369-5200 10-92 RIVERCHASE ESTATES LIMITED ~33 DOUGLAS AVE., STE. 1510 369-5200 DALES, TX 75225-5811 1069 'oecember 1 6, 19 93 32-1585/1110 1 PAY ORDERTO THE OF -- ¢±t¥ of Coppell - I $ 3 ~ 365 .00 - Three thousand three hundred sixty five and no/100 .... DOLLARS THIS CHECK IS O~LIVEREO IN CC~NNECTION WITH THE FOCLOWING ACCO~JNTS. Erosion 'Control Ban( CASH ], 0019748 RECEIPT Date / eceived From "-. Address A~AT. OF ACCOUNT A~T. PAID BALANCE DUE HOW PAID CHE~ MONEY By ORDER Dollars $ .::,,., ~-~'-~' ' ~ ~ '¥:":,, ....... ~.,:', ,:~..,.~ t~'