Gibbs Station 2-CS 940118 214-462-0022
.lanua~ 18, 1994
Mr. Craig Knight
Heath and Knight
16660 Dallas Parkway, Suite 1400
Dallas, TX 75248
Re: Gibbs Station Phase II
Final Acceptance
Dear Mr. Knight:
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 and utilities have been verified and are in compliance with the City of Coppell's
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.
Construction Inspector
cc: Kenneth M. Griffin, P.E., City Engineer
Howard Pafford, Water Superintendent
Rey Gonzales, Street Superintendent
Greg Jones, Building Official
Doug Stevens, Engineering Technician
Bill Jones, L.H. Lacey ~.gt~
Chuck Young, C.W. Young Construction
The Ohio Casualty Insurance Company
136 N. Third Street, Hamilton, Ohio 45025
Maintenance Bond
Know AH Men By These Present% 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
City of Coppeli
(hereinafter called the Obligee), in the penal sum of ...... ]~.e.n);y. ~.i.gh.t;...~b.o..u~..an..d...eight...b.u. Qd..red and
seventeen dollars and 57/100
.............................................................................................................................. ($ .2.8.8.!.7.,..5.7. ........... )
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 severally, firmly by these presents.
DATED th;s ......... .2.! ................ day of ......... D.e.¢.e..mb.e..r. ................. 19 ..... .9..3.
WHEREAS, the said Principal has heretofore entered into a contract with the Obligee
above named for
Gibbs Station, Phase Two
Water, Sanitary Sewer and Storm Draina§e
and,
WHEREAS, 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 .......... one .......... years from and after the.as..per...aeeepta~fcity
................................ 19 ...... , indemnify the Obligee against any loss or damage directly 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.
C W YOUNG CONSTRUCTION, INC.
Form S- I 7 7 ~~
CEB'~'~IED COPY OF POWER OF ATTO:--' fEY
OHIO -CASUALTY INS CE COMPANY
HOME OFFICE, HAMILTON, OHIO
hO_ CTh. e,e ~re,ent,: 'ri::: THE OHR) C_&SUALTY IXSL-R.'~NCE CO_XlPA_XY.
Art:c!c VI. Section - of .'.~c Bv-l.aws or- .-aid Coi'~:Da[:'.,'. ~oe.-- l:crebv nomira:c, cons:::ut~- and ~ppoint:
,,l~ry doriliis, l or Rk'P,,~I~ ~alll.l~ or' Trot ~lS ...... of krlt~,
it~ true ant .a~tu; agent and attorney -in-fact. to make. execute, sea~ and deliver ~or and on its behalf as surety, and as
its act and deed any and all BONDS. UNISERTAKINGS. and RECOGNIZANCES. not excccdSng in any sin~[e ~nstance
....
uTdJ:ak~ngSs)~u;a~ec?ngThcTpa~mTntT,f ~ot~Tant5 in;c'r~st':hereontS ! .~,~.~ ' ) Dollars.
bond(s)
any
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 al! 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.
skll)~,~ In WITNESS WHEREOF. the undersigned officer of the said The Ohio Casua[tv
~ ..... ~ insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the
~1 ~ said The Ohio Casualty Insurance Company this day of
COUNTY OF BUTLER
On this ~ day of ~ A.D. 19 ~ before
the subscriber, a Nota~, Public of the State of Ohio, in and for the County o~ Butler, duly commissioned and qualified, came
John B. Vail. Assistant' Secretary of THE OHIO CASUALTY INSU~NC~ COMPANY, to me personally known to be the
individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution
o~ 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 smd Corporate Seal and his
signature as officer were duly affixed and subscribed to the said instrument bv the authority and direction of the said
Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Offici~
at Hamilton, State of Ohio, t~a~v~ (irst above written.
'~~ My Commission expires ......... ~...~.~....~.; ....
This power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of the Company, ~opted 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
secretan' or any a?si~ta~t secretary shall be and is hereby vested with full power and authority to appoint attorneys-in-fact
for thc purpose ot s~gmng 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 b~ 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-
dMsion."
This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the
Company. on May -,'7, 197~:
"RESOkV~D that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint
attorneys in fac:, the signature of thc 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 (acsimile to any power of attorney or copy thereof issued
on behalf of the Company. Such signatures and seal are hereby adopted bv 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 oi The Ohio C~sualtv Insurance Company. do hereby certify that ~oing power
of attornev, Article VI Section 7 of' the by-laws of the Company and the abov~ Resolution' of its 'Board of Directs are true
and correc{ copies and are in full force and effect on this date. ' ~,:~ .-~ )
IN WITNESS WHEREOF. I have hereunto set my hand and the sea! of the Company this ~ da3~~.D.,
/ Continentai - ' -
nsurance
MAINTENANCE BOND
Bond No. BNS 1427975 Amount: $32.094.89
KNOW ALL MEN BE THESE PRESENTS, That we, L.H. Lacy Co,any
, as Principal, and
Firemen's Insurance Compan~ of Newark. New Jerse~ , a corporation duly
organized under the laws of the State of New Jerseu and duly
licensed to transact business in the State of Texas (hereinafter
called the Surety), as Surety, are held and firmly bound unto the
city of coppell (hereinafter called the Obligee)
in the sum of Thirtu-Two Thousand. Ninetu-Four and 89/100 ~ollars
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 assigns, jointly and severally,
formally by these presents.
Sealed with our seals and dated this 22nd day of December ,
19 93.
WHEREAS, the said Principal has heretofore entered into a
contract with Gibbs Station, Ltd. , dated September 13, 1993, for
Gibbs Station, Phase Two
and,
NOW, THEREFORE, the condition of this obligation is such that
if said Principal shall faithfully carry out and perform the said
guarantee, and shall, or due notice, repair and make good at its own
expense any defects which are the result of faulty workmanship and
materials in said contract which may develop during the period of
one (1) year, or shall pay over, make good and reimburse to the said
Obligee all loss and damage which said Obligee may sustain by reason
of failure or default of said Principal to do so, then this
obligation shall be null and void; otherwise shall remain in full
force and effect.
L.~ri~. La c y Company
ci !
Firemen' s Insurance Company of Newark, NJ
Surety
By: Glen ~itter, Attorney
Firemen's Insu' nce Company of Newark, New Jersey
180 Ma~den Lane, New York, New York ,0038
GENERAL POWER OF ATTORNEY
Know all men by these Presents, That the FIREMEN'S INSUR,&NCE COMPANY OF NE~%-'ARK, NEVV JERSEY
has made, constituted and appointed, and by these presents does make, constitute and appoint
Glen Ritter, Dallas, %exas
its true and lawful attorney', for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings
and contracts of suretyship to be given to
All Obligees
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum o~
Unlimited Dollars
This Power of Attorney is granted and is signed and sea]ed by facsimile under and by the authority of the following Resolution adopted by
the Board of Directors of the FIREMEN'S INSUP~&NCE COMPANY OF NEWARK, NEW JERSEY at a meeting duly called and held on the 20th
day of February, 1975:
"RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice President of the
Company, be, and that each or any of them hereby is, authorized to execute Powers of Attorney quali~'ing/he attorney named in the given Power of^ttorney to execute in behalf of :he
FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant
Secretary, be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company.
FURTH ER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Attorney or certificate bearing such facsimile s~natures or facsimile seal shall be valid a nd binding upon the Company when so affixed and in the future
with respecl to any bond, undertaking or contract of suretyship to which it is attached."
In Witness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its official seal to be hereunto affixed,
and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 1st day of May, 1985.
FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY
Attest:
By
Robert W. Adler, Sr., Assistant Vice President Michael J. Beernaert, Vice President
STATE OF NEW YORK t
COUNTY OF NEW YORK
On this 1st day of May, 1985, before me personally came Michael J. Beernaert, to me known, who being by me duly sworn, did depose
and say that he is a Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, the corporation described in and
which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such
corporate seal; that it was so affixed by order of the Board ol~ Directors of said corporation and that he signed his name thereto by like order.
~ "';'. '°u 8uc -'?~ ETHEL TARANTO
% · o;",:i:, %-' NOTARY PUBLIC, Slate of New York
No. 24-4663117 Qual. in Kings Coun~
Commission Expires March 30, 1986
CERTIFICATE
I, the undersigned, an ~ssistant Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New Jersey
corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and
furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force.
Signed and sealed at the City of New York, in the State of New York. Dated the 22nc~ day of Peeen~e.z- ,1993
James M. Keane, A~sistant Vice President
21 BOND 4315K Printed in U.S.A.