Westhaven 2B-MB170427MAINTENANCE BOND
STATIC OF TEXAS } Bond No. 30009198
COUNTY OF DALLAS I
KNOW ALL MEN BY THESE PRESENTS: THAT CalAtlantic Homes of Texas Inc
Delaware corporation as Principal, and The Continental Insurance Company, a corporation
organized under the laws of Pennsylvania, , as surety, do hereby expressly acknowledge themselves
to be held and bound to pay unto the City of Coppell, a Municipal Corporation, Texas, the sum of
Nine Thousand and NO/100 Dollars ($9,000.09) , for the payment of which sum will and truly be
made unto said Cit of f 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 CalAtlantic Homes of
Texas, Inc., a Delaware corporation has this day entered into a written contract with the said Prime
Erosion Control LLC to build and construct Erosion and Sedimentation Control in Westhaven
Phase 2B, which contract and the plans and specifications therein mentioned, adopted by the Ci1y 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 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 further 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 CalAtlantic Homes of Texas, Ia Delaware
IV
corporation has caused these presents to be executed by Cc a e�-, ! and
the said The Continental Insurance CompanX has caused these presents to be executed by its
Attorney in fact and the said Attorney in Fact Trac, has hereunto set her hand, the 27th day
of April, 2017.
PRINCIPAL
SURETY
CalAtlantic Homes of Texas, Inc., The Continental Insurance Company
a Delaware co oration
By: By: lr^�UG
Title: l/✓GC r�'Cj�.✓� G�/�%Pt/, Title: Tracy Aston, Attorney -in -Fact
ITNESS: WITNESS:
Vanessa Fong
NOTE: Date of Maintenance Bond must not be prior to date of Contract.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of Los Angeles_
On APR 2 7 2017 before me, Edward C. Spector, NotW Public, personally appeared
Tracy Aston who proved to me on the basis of satisfactory evidence to be the person(g)
whose name($) is/@&o subscribed to the within instrument and acknowledged to me that
1w/she/4wy executed the same in his/her/tauthorized capacity(ics), and that by him/her/
signature(o) on the instrument the person($), or the entity upon behalf of which the persons)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature �Z ,
Signature of Notary Public
m EDWARD C. SPECTOR
Commission # 2081674
Z �e Notary Public - California z
Z '' Los Angeles County
M Comm. Ex fres Sep 24, 2018
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing
insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein
affixed hereby make, constitute and appoint
Tracy Aston, Tom Branigan, Edward C Spector, Kristine Mendez, Daravy Mady, Lisa K Crail, Simone Gerhard, B
Aleman, Benjamin Lee Wolfe, K D Conrad, Individually
of Los Angeles, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all
the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed-
This
onfirmed
This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof; duly
adopted, as indicated, by the Board of Directors of the insurance company.
In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 9th day of June, 2015.
The Continental Insurance Company
Paul . BrMit Vice President
State of South Dakota, County of Minnehaha, ss:
On this 9th day of June, 2015, before me personally came Paul T. Bruflat to me known, who, being by me duly swom, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance
company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he
signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company.
' S. EIGH j
HOIARY vueuc ••
i SOUTH OAKOTA`vi�J
My Commission Expires February 12, 2021
1. &1�)
S. Eich Notary Public
CERTIFICATE
1, D. Bult, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of
Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company
printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance
company this day of APR 2._
Form F6850-4/2012
The Continental Insurance Company
D. Bult Assistant Secretary