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Fountain Park 2-CS 980826PO. Box 478 Coppell, Texas 75019 972-462-0022 August 26, 1998 Mr. Tim House 1680 Stemmons Frwy, Suite 280 Lewisville, TX 75067 Fountain Park Phase II Final Acceptance Dear Mr. House: 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. Larry I~avis 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 Rick Van Guilder, C.W. Young Construction Lynn Kadleck, Kadleck Associates Fax (817) 477-1414 Fax (972) 702-0771 davis/fmpr~, fac The Ohio Casualty Insurance Company 136 N. Third Street, Hamilton, Ohio 45025 Maintenance Bond K~ow All Men By These Presents, That we, C.W. 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 The City of Coppell (hereinafter called the Obligee), in the penal sum of Nineteenthousand..th~ee h..u.~..d.~ed .and.t.hirteen..do.llars and 93/100 ($ .... 19.,.313..93..) Dollars, for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and ~everally, firmly by these pre~nt~. DATED this 30th day of .... July ................. 19.98.. WHEREAS, the said Principal has heretofore entered into a contract with the Obligee above named for Fountain Park, Phase II Water, Sanitary Sewer and, WHEILEAS, the work called for under said contract has now been completed and accepted by said Obligee; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Principal shall, for a period of TWO years from and after th~sp~r ..a¢.cept~i~yl~ the .. c~ty ............... 19 . , indemnify the Obligee against any loss or damage directly arising 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 S-177 C.~o ung ..Construction,..Inc ................... //%/ TI~ (~HI~) CA~iLLALTY INSURANCE COMPANY CEJIX!FIED COPY OF POWER OF A'I'F~I~NEY Oil.. CASUALTY INSURANCi COMPANY HOM~ OmC~ ~,~m:ro~,, omo NO. 26-061 ~lll]~] C~{[ ~ll ~, ~[~{~l, ~[£1~,,llt,: That THE OHIO CASUALTY ~SU~NCE COMPANY, in pursuance o~ authorky granted by A~icle VI, Section 7 o~ the By-Laws o~ 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 - ($ 1,000,000.00 - ) 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. 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. COUNTY OF BUTLER On this 8th day of November A.D. 19 89 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came John B. Vail, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMP&NY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution 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 Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.  IN TESTIMONY WHEREOF, I have hereunto set my hand and afl'mM my Official Seal at the City of Hamilton, State of Ohio, tll~eh~and year first above written. *O 1 ._ ....... "~ My Commission expires ......... De~e~er....25,....1991 ....... 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 signin~ the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all nonds, 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 copy of a power of attorney and the seal of the Company may be affixed by, facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Compan,y, 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 shat/~he f~egoing power of attorney, Article VI Section 7 of the by-laws of the Company and the above Resolution of its ~ar4~of Dj~ct-~trs are truet.~ and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this S-4300-C 4-88 1SM AssNIont Secrelnrv