Loading...
Copperstone-CS 960508The City With A Beautiful Future P.O. Box 478 Coppell, Texas 75019 214-462-0022 ~ay 8, 1996 James P. Briscoe, Partner Briscoe Clark 8300 Douglas Avenue, Suite 800 Dallas, TX 75225 Post-it' Fax Note 7671 Date-- . ~ # of I~ RE: Copperstone Addition Dear Jim, Please be advised that thc paving, drainage, water and sewer facilities in that portion of thc referenced project located west of the bridge over Cottonwood Creek, have been inspected during construction and were installed according to the approved plans and our specifications governing such work. At such time as the remaining portion of the project is completed, we will revisit the site for the purpose of obtaining f'mal acceptance. I appreciate your cooperation in this endeavor to this point in time and if I can be of further service, please do not hesitate to call. Sincerely, Construction Inspector CC: Glen Thurman J.F. Clack Greg Jones MAINTENANCE BOND KNOW ALT. MEN BY THESE PRESENTS: BOND NO.: BCN1044418 That, J.F. CLACK, INC. 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 Colinas Blvd., Ste. 750, Irving, Texas 75039, as Surety, are held and firmly bound unto the CITY OF COPPELL in the sum of*THREE-HUNDRED, TEN-THOUSAND, EIGHT-HUNDRED, NINETEEN DOLLARS & 82/100' ($310,819.82'), 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 16TH NOVEMBER, 1995 J.P. CLACK, INC. as contractor, entered into a contract for UTILITY IMPROVEMENTS FOR COPPERSTONE the said for the sum of *THREE-HUNDRED, TEN-THOUSAND, EIGHT-HUNDRED, NINETEEN DOLLARS & 82/100' ($310,819.82'** ); and, WHEREAS, under the terms of the specifications for said work, the said J.F. CLACK, INC. is required to give a bond for*THREE-HUNDRED, TEN-THOUSAND, EIGHT-HUNDRED, NINETEEN DOLLARS & 82/100'** ($310,819.82'**), to protect the CITY OF COPPELL against the result of faulty materials or workmanship for a period of (2} TWO year(s) from and after the date of the completion and acceptance of same namely until 7/1/98 NOW THEREFORE, if the said J.F. CLACK, INC. shall for a period of (2) TWO years(s) from and after the date of the completion and acceptance of same by. CITY OF COPPELL said replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, the above obligation to be void; otherwise to remain ~9 full force and effect.J.B~ CL~~C. ~ Y ~ BITUMINOU C_ASU;U Y CORPORATION ~J~D~0OZ~R ~--At~ey In Fact Member ol' ~he Old Repubhc Insurance Gccuo ~ - - ~ -~'*-:~-u~:~J-.~7~u:l~uu£~u~zm &]~jAq'l _~ O--l~a{~.+ l~t~J~ ~: ~uuu~ g~{~ o~ ns~pap~o~e ara ...... _ ..... ~ .............. gu_._ . __= ~ ................. -= _ ' - _- -'- :; --'- _ -7_7' 7 : ' _ -: -: ]]': - - .-'- ' ---. -- P-- ' : . =_ - .-- . ~:--__.:=- -...-- .: = g g u a~acne~ ~r o~ a~ome~ m~¢_m?~ force bo~d 0f dire~ors set fo~ ~ ~ Power ~A~e~, ~e how in for~: _ -- -'~'. ~,~:,'.~.,. _ --' .": -.'- . :- -9s-87t6 :/i~-~:~- . .--- .... ~ :'_ Bond No. 11127266192 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS. That we. GLENN THURMAN, INC.. as Principal. and AMERICAN AUTOMOBILE INSURANCE COMPANY. a corporation duly licensed to transact business in the State of Texas (hereinafter called the Surety.), as Surety, are held and firmly bound unto CITY OF COPPELL Lnthe sum of Eighty Nine Thousand, Six Hundred Sixty One and 50/100 ($ 89,661.50 ) 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 assigl~, jointly and severally, formaily 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 with COPPERSTONE, LTD. and. COPPERSTONE ADDITION- PARKWAY BLVD. 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 Three (3) year (s) from date of completion and acceptance, normal wear and tear excluded. NOW THEREFORE, if the said Principal shall indemmfy 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 (I) 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 hereto named. GLENN THURMAN. INC. Don E. Cornell, Attorn~y-in-Fact ~m~f AMERICAN AUTOMOBILE INSURANCE COMPANY KNOW ALL, MKN BY THESE PRESENTS: That AMERICAN AUTOMOBILE INSURANCE COMPANY. a Corporation duly ot[aniznd and existin[ unde~ the law~ of the Stare of Missouri. and having its principal office in the County of Maria. State of California. has made. constituted and appointed, and does by these presems make. constitmesndappomt SERRY P. ROSE, TOHT J. BRAUN, DON E. CORNELL. 'lo:Lntl'y or severally DALLAS TX its true and lawful Attorney($)-in.Fact. with full power and authority hereby conferred in its name. place and stead, to execute, seal. ecknowiedge nad deliver any and all bonds, under~aking, recogniz.tnces or other written obUgation~ in the n~ture thereof and to bind the Corporation thereby u fully nad to the same extent u if such bonds were signed by the President. sealed with the corporate seal of the ~n nad duly attested by its Secretary. hereby ratifying nad con£uming all that the said Attomey(s)-in. Faet my do in the premises. Thb power of aUorney is ~ranted pursuant to Article VII. Sections 45 nad 46 of By-laws of AMERICAN AUTOMOBILE INSURANCE COMPANY now in full foroe and cf fooL # Artid~ ¥1~. Appointment and A u fhorlty of Resident ~.c~tarte~. A ff orney-lu.~sc~ and Age. Is to ucc~pt L~I Proc~s nad ]~4ske Appe~rst~es. .~[on dS. Appolatm~nt. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by tb~ Board of Dlreetora. the Chairman of the Board of Dlrecton. the President or any V1ee-Preddent may. from time to time, appoint Resklent Assistant .qeeretarles and Attorsseys-in-Fact to represent end act for and on b¢lml! of the Corporation and Aleuts to accept legal process and make appearances for and on behalf of th Section 46. A urhorfty. The authority of such Resident Assistant Secretaries, Attorueys-ln-Fac~ and Aten(s shall be as prescribed in the Instrument evidencin[ their appointment. Any such appolatment aud all authority stunted thereby may be revoked ut any time by the Board of Direeton or by any peraou empowered to make suds appointment." This power of attorney is signed and s~led under and by the authority of the following Resolution adopted by the Bo,etd of D~cctora of AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly ca, led and I:.cid on the 31st day of July, 1984, and said Resolution hu not been amended o~ repealed: "RESOLVED, that the signature of any Vice-President, Assistnat Se~eta~y, nad Resident Assistant .~cretmy of this Corporation. and the seat of this Corporation may be a f£~ed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relatin~ thereto, by faeshnile, and any power of attorney, any revocation of any power of attorney, or cortifi~te bearing such facsh~tile signature or facsimile seal slmll he valid and bindin~ upon the Corporation? IN WITNESS WHEREOF. AMERICAN AUTOMOBILE INSURANCE COMPANY hu caused these presents to he sit. ned by its Vicc-Presklent, and ltl corporate seal to bo hereunto afl"txed thla 251:h dsyof January ,1996 . AMERICAN AUTOMOBILE INSURANCE COMPANY STATE OF CALIFORNIA ~ ss. COUNTY OF MARIN Ont '~.Sth dayof January 19 96 .heforemep. sonallyceme M.A. Mallonee to me known, who, being by me duly sworn, did depose and ray: that he is Vice-President of AMERICAN AUTOMOBILE INSURANCE COMPANY, th~ Corporation described in and which executed the above instrument; that he knows the ~ of said Coq)oration; that the s~al affixed to the ~ald instrument is sxach corporate s~aJ; that it wa~ so affixed by order of the Board of Directors of raid Corporation and that he sisned his name thereto by like order. IN WI'I'NE..~ WHEREOF. I have hereunto set my hand and affixed my official teal. the day and year herein F~st above written. NOTARY PUSI. IC~-CALIFO nNI, A · ~ ~m cou~w 0 ~A~ OF C~I~RNIA ~ ~ ~U~ 0F ~N I. the un~rsign~. R~ident Assist S~ of ~RIC~ A~MOBI~ INSU~ ~~, a MI~URI ~tion. ~ HE,BY CERTI~ that the foregoin8 and at~ch~ ~R OF A~R~Y r~ in f~ for~ ~d h~ not ~n revoke; ~d fu~ore ~at ~clo VII. ~iom 4~ and ~ of the By-laws of the Co~ra~e.~. ~d the R~olu~on of the ~d of Darvon; ~ fo~ ~ the Power of Attom~. ue now in fo~. 360711-AA-3.-9S 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.