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Westhaven 2B-MB170718Bond No. S418565 rr►Iry�l _�_a % • yl_1 STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: THAT Cullum Construction Company, Inc. as Principal, —employers Mutualcasualty company and _ Union Insurance Company of Providence , a corporation organized under the laws of Iowa , as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Coppell , a Municipal Corporation, Texas, the sum of Two Hundred Ten Thousand Seven Hundred Fifty -Six and 83/100ths- - - Dollars and Cents ($ 210,756.83 ) , for the payment of which sum will and truly be made unto said City of Coppell , and its successors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned; however, that whereas, the said Cullum Construction Company, Inc. has this day entered into a written contract with the said Calatlantic Homes to build and construct Water, Sewer & Drainage to serve Westhaven, Phase 2B which contract and the plans and specifications therein mentioned, adopted by the City of Coppell are hereby expressly made a part thereof as through the same were written and embodied herein. WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairs and/or reconstruction in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said Contractor, and sureties on this obligation, and the said Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said contract for each day's failure on its' part to comply with the terms of said Maintenance Bond Page 1 of 2 provisions of said contract. Now, therefore, if the said Contractor shall keep and perform its' said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have not farther effect, but if default shall be made by the said Contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said City of Coppell shall have and receive from, the said Contractor and its' principal and sureties damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing one against the principal and sureties, hereon, and that successive recoveries may be and had hereon for successive branches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period; and the same shall not be changed, diminished or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said Cullum Construction Company, Inc. has caused these presents to be executed by Kristi Meek Attorney -In -Fact Employers Mutual Casualty Company and the said 1Tninn"incnranrP rmm�anv �f PrnvitlPnce has caused these presents to be executed by its Attomey in fact and the said Attorney in fact Kristi Meek has hereunto set his hand, the 18th day of Tiny , 2017 PRINCIPAL SURETY —� Employers Mutual Casualty Company & , f lum Co str2,o a i n n uranc Com an of Providence Title:''`� Vt C - �� S � � ) -- Title: Kristi Meek, Attorney -In -Fact S: ATTEST: 7, . Z2111 tr; NOTE: D aintm=ce Bond must not be prior to date of Contract. Maintenance Bond Page 2 of 2 /EMC N0.645554 INSURANCE P.O. Box 712 • Des Moines, IA 50306-0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company' and collectively as "Companies", each does, by these presents, make, constitute and appoint: DEBBIE SMITH, TOM P.ELLIS, III, KAE PERDUE, JOHN D. FULKERSON, DONNIE DOAN, KRISTI MEEK, DAWN M. DAVIS, WALTER J DELAROSA its true and lawful attomey-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: ANY AND ALL BONDS and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire APRIL 1, 2017 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney-in-fact at any time and revoke the power and authority given to him or her. Attomeys-in-fact shall have power and authority, subject to the terms and limitations of the power-of-attomey issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attomey-in-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attomey authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 28th day of JANUARY 2016 Seals Q yy� P''O'1NSU '' .``'OO Mp''' ,''' ;1&" gGRqi , stir,, , �;;Bruce G. Kelley, hairman Michael Freel `OpPOggj OQ: ``OpPORy�!; of Companies 2, 3, 4, 5 & 6; President Assistant Vice President = = r : ' a $ of Company 1; Vice Chairman and Z SEAL i 1863�or _ 1953 IOWA o CEO of Company 7 On this 28th day of JANUARY AD 2016 before me a 'Su IVC ; `�p15URgNC',, ; �,A� ',, Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Michael Freel, ` O ,,, C'' y�,� `OpPOq;�': k app ORq'•, �'� �Q opPOgq�!, who, being by me duly swom, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Vice President/Assistant Secretary, = :Z:: SEAL < _ :11 SEAL Z: = a = SEAL ; respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the 0VVP,'''•,1RTH DPK�,O •,, MOINES.Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley " and Michael Freel, as such officers, acknowledged the execution of said instrument to be the MUTu,t, voluntary act and deed of each of the Companies. UTUq KATHY LYNN LOVERIQGEMy Commission Expires October 10, 2016. � x zr Commission Number 780769 My commission Expires aw October 10, 2016 Neta Public ig and for the State of Iowa , . Nes, CERTIFICATE I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resdI4tionZ €he Boards of Directors byreach oflhe Companies and this Power of Attorney issued pursuant thereto on JANUARY 28, 2016 on behalf -4' = DEBBIE SMITH, TOM P.ELLIS, III, KAE PERDUE, JOHN D. FULKERSON, DONNIE DOAN, KRISTI MEEK,# Al(VN M'.°DA�%FS WALTER J DE1+130�A are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed y name and affixed the facsimile seal of , each Company this /Alk day ofJ r}DI% O` ' ,1 %Ace President /EMC INSURANCE IMPORTANT NOTICE To obtain information or to make a complaint: You may call EMC Insurance Companies' toll free telephone number for information or to make a complaint at: 1-800-223-0562 You may also write to EMC Insurance Companies at: P.O. Box 1739 Wichita, KS 67201-1739 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) 490-1007 Web: www.tdi.texas.00v E -Mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent 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. AVISO IMPORTANTE Para obtener informaci6n o para presentar una queja: Usted puede Ilamar al numero de telefono gratuito de EMC Insurance Companies' para obtener informaci6n o para presentar una queja al: 1-800-223-0562 Usted tambien puede escribir a EMC Insurance Companies: P.O. Box 1739 Wichita, KS 67201-1739 Usted puede comunicarse con el Departamento de Seguros de Texas para obtener informaci6n sobre companias, coberturas, derechos, o quejas al: 1-800-252-3439 Usted puede escribir al Departamen'to de Seguros de Texas a: P.O. Box 149104 Austin, Texas 78714-9104 FAX: (512) 490-1007 Sitio web: www.tdi.texas.gov E -Mail: ConsumerProtection@tdi.texas.gov DISPUTAS POR PRIMAS DE SEGUROS O RECLAMACIONES: Si tiene una disputa relacionada con su prima de sequro o con una reclamaci6n, debe communicarse con el agente primero. Si la disputa no es resuelta, usted puede communicarse con el Departemento de Seguros de Texas. ADJUNTE ESTE "ISO A SU POLIZA: Este aviso es solamente para prop6sitos informativos y no se convierte en parte o en condici6n del documento adjunto. IL8044(6-15) Page 1 of 1 6440 NORTH CENTRAL EXPRESSWAY SUITE 500 DALLAS, TEXAS 75206 CALATLANTIC HOMES ATTN: DALLAS A! P 15360 BARRANCA PARKWAY IRVINE, CA 92618 E-MAIL: CHIP.BOYD@CALATL.COM E-MAIL: CHRISTY.FOSTER@CALATL.COM CONTRACT WORK WORK QUANTITY THIS MONTH TO DATE ITEM TEL (972) 271-9333 FAX (972) 271-4881 JULY 17, 2017 INVOICE # 5 & FINAL JOB 1947 WATER, SEWER & DRAINAGE TO SERVI WESTHAVEN, PHASE 2B COPPELL, TEXAS UNIT BID MONTHLY TOTAL AMOUNT AMOUNT AMOUNT DUE THIS INVOICE 47,596.37 47,596.37 Serving the Finest Developments Since 1918 WATER 2,425.00 0.00 2,425.00 -LF- 8" PVC DR 14 25.35 0.00 61,473.75 8.00 0.00 8.00 -EA- 8" GATE VALVE 1,200.00 0.00 9,600.00 4.00 0.00 4.00 -EA- FIRE HYDRANT w/6" VALVE 4,210.00 0.00 16,840.00 1.00 0.00 1.00 -EA- 2" IRRIGATION SERVICE 2,275.00 0.00 2,275.00 63.00 0.00 63.00 -EA-1" WATER SERVICE w/3/4" METER SETTER 1,089.00 0.00 68,607.00 3.00 0.00 3.00 -EA- CONNECT TO EXISTING WATER 475.00 0.00 1,425.00 2,425.00 0.00 2,425.00 -LF- TRENCH SAFETY 0.10 0.00 242.50 2,425.00 0.00 2,425.00 -LF- WATER TEST 0.50 0.00 1,212.50 2,425.00 0.00 2,425.00 -LF- DENSITY & CONCRETE TESTING 1.60 0.00 3,880.00 TOTAL WATER 0.00 165,555.75 SEWER 868.00 0.00 868.00 -LF- 8" PVC SEWER 25.65 0.00 22,264.20 3.00 0.00 3.00 -EA- 4' STD. MANHOLE 4,075.00 0.00 12,225.00 1.00 0.00 1.00 -EA- CLEANOUTS 685.00 0.00 685.00 21.00 0.00 21.00 -EA- 4" SEWER SERVICES 621.00 0.00 13,041.00 1.00 0.00 1.00 -EA- CONNECT TO EX. STUB 850.00 0.00 850.00 868.00 0.00 868.00 -LF- TRENCH SAFETY 0.10 0.00 86.80 868.00 0.00 868.00 -LF- DENSITY & CONCRETE TESTING 2.50 0.00 2,170.00 868.00 0.00 868.00 -LF- TEST & T V SEWER 1.00 0.00 868.00 TOTAL SEWER 0.00 52,190.00 DRAINAGE 140.00 0.00 140.00 -LF- 42" RCP RUBBER GASKET (DEEP) 188.00 0.00 26,320.00 146.00 0.00 146.00 -LF -36" RCP 97.00 0.00 14,162.00 358.00 0.00 358.00 -LF- 33" RCP 86.00 0.00 30,788.00 34.00 0.00 34.00 -LF- 27" RCP CL. IV 77.00 0.00 2,618.00 157.00 0.00 157.00 -LF- 27" RCP 67.00 0.00 10,519.00 22.00 0.00 22.00 -LF- 21" RCP CL. IV 58.00 0.00 1,276.00 592.00 0.00 592.00 -LF- 21" RCP 54.00 0.00 31,968.00 115.00 0.00 115.00 -LF -18" RCP 48.50 0.00 5,577.50 1.00 0.00 4.00 -EA- 5' CURB INLET 3,100.00 0.00 12,400.00 11.00 0.00 10.00 -EA -10' CURB INLET 3,575.00 0.00 35,750.00 1.00 0.00 2.00 -EA -10' CURB INLET W/MODIFIED DEPTH 3,575.00 0.00 7,150.00 1.00 0.00 1.00 -EA- 6' STORM MANHOLE 12,700.00 0.00 12,700.00 1.00 0.00 1.00 -EA- REM. 2'x 2' WYE INLET & C.T.E. 650.00 0.00 650.00 1.00 0.00 1.00 -EA- REM. PLUG & CONNECT TO EXISTING RCP 600.00 0.00 600.00 1,564.00 0.00 1,564.00 -LF- TRENCH SAFETY 0.10 0.00 156.40 1,564.00 0.00 1,564.00 -LF- DENSITY & CONCRETE TESTING 3.25 0.00 5,083.00 TOTAL DRAINAGE 0.00 197,717.90 1.00 1.00 1.00 -LS- 2 -YEAR 50% MAINTENANCE BOND 6,050.00 6,050.00 6,050.00 TOTAL WATER, SANITARY SEWER, 6,050.00 421,513.65 & STORM SEWER TOTAL JOB TO DATE 6,050.00 421,513.65 PLUS 10% RETAINAGE 41,546.37 0.00 TOTAL AMOUNT DUE 47,596.37 421,513.65 LESS AMOUNT PREVIOUSLY PAID 373,917.28 AMOUNT DUE THIS INVOICE 47,596.37 47,596.37 Serving the Finest Developments Since 1918 2814 INDUSTRIAL LN GARLAND, TX 75041 TEL (972) 271-9333 THE STATE OF TEXAS ) COUNTY OF DALLAS ) ACCInA\/IT P.O. BOX 550489 DALLAS, TX 75355-0489 FAX (972) 271-4881 BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Charles Thomason , known to me to be a credible person of lawful age, who after being duly sworn deposes and says: I am the Vice -President of Cullum Construction Co., Inc. which said company entered into a contract with Calatlantic Homes On the 10th day of June , A.D. 2015 to construct Water, Sewer and Drainage in Westhaven, PH2B, Coppell, Texas I do hereby under oath and affirm that all bills for labor, material, utilities, insurance, and all other accounts in connection with the above construction project have been paid and satisfied. EXECUTED THIS 19th day of July, 2017. BY: R. Thomason, Vice -President SUBSCRIBED AND SWORN TO BEFORE ME BY THE SAID Charles Thomason , this 19th day of July, 2017. PAT CAMPBELL �* WYCOMMSSIONEXPIRES - , 04/04/2021 Notary Public in and for the State of Texas NOTARY ID: 189739-9 Serving the Finest Developments Since 1918