Highland Meadows-CS 850805 BOND NO. 8-872
West American Insurance Company
HOME OFFICE: 2600 East Nutwood Avenue, Fullerton, California 92631
ADMINISTRATIVE OFFICE: 136 North 'Third Street, Hamilton, Ohio 45026
Maintenance Bond
Know Ail Men l~ 1'here Pre~eat~ ~r~at we, AMERICAN DEVELOPERS & CONTRACTORS, INC.
as Principal, and WEST AMERICAN INSURANCE COMPANY, a corporation orgaRized under the laws of
the State of California with Administrative offices at Hamilton, Ohio, as Surety, are held and firmly bound
unto CITY OF COPPELL, TEXAS
(hereinafter called the Obliger), in the penal sum of ...Eighteen. Thousand. Two Hundred NineJ;y
E.!gbt and 12/!.00 ........................................ ($18,298.12 )
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 pre. htS.
DATED this 5th day of . August ........ 1985.
WHEREAS, the said Principal has heretofore entered into a contract with the Obliger
above named for
Water Sanitary Sewer and Storm Sewer - Highland Meadow
Joint Venture
and,
WHEREAS, the work called for under said contract has now been co~np!c~d and accepted
by said Obligee;
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION ;S SDCH, That if
said Principal shall, for a period of ONE year from and after the acceptance by the
City of Coppell, Texas indemnify the Obligee against any loss or damage direztly arising by
reason of any defect in the material or workmanship which may be dL.,coveced ~,ishin the period
aforesaid, then this obligation shall be void; otherwise to be and remain in lull force and
virtue in law,
PROVIDED, HOWEVER, that in the event of any default on th'~ paxt of uid Principal,
written statement of the particular facts showing such default and the date thereof ~hall be delivered
to the Surety by registered mail, at its Administrative Office in the City of Ha,.n~Aton, Oh,;o, promptly and
in any event within ten (10) days after the Obliger or hi: representative ~hall learn of ~uch default;
and that no claim, suit, or action by reason of any default of the Principal ~ be. brought here-
under after the expiration of thirty dzys from the end of the maintenance period as herein set forth.
AMERICAN DEVELOPERS & CONTRACTORS, INC.
BY"carol Goodenough ~*~/'.OI~dq£Y'IN'~ACT
Form $-177 W,Am,
CERTIFIED COPY OF POWER OF AT'IORNEY
WES F AMERICAN INSURANCE COMPANY
ADMINISTRATIVE OFFICE, HAMILTON, OHIO
No. 295
[m~m Jkl! ~a bU i~l~se ~r~s~ats: That WEST AMERICAN INSURANCE COMPANY, in pursuance
of authority granted by Article VI, Section 1 of the By-Laws of said Company, does hereby nominate, constitute and appoint:
Carol Goodenough of Dallas, Texas
its true and lawful agent and attorney -in-fact. to make, execute, seal and deliver for and on its behalf as surety, and as
its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance
ST]( MT_LLT_ON ($ 6,000,000.00 - -) 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 Comp.shy.
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 thuir own proper persons.
The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact.
..,?~'~lN$#.'.'... IN WITNESS WHEREOF. the undersigned officer of the said West Americsn
,,,~ ,~ ........... ~ -,o
...-'~%.;.~,~oe,~,.~.% Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the
.~ ~..-'~-, ,.~',. ~. %
~.~:~ ,";.~; said West American Insurance Company this 13th day of March 19 85.
· , .......... Isigned) Thomas W, H~ldebrand
STATE OF OHIO. 1 Asst. Secretary
COUNTY OF BUTLER ~' SS.
On this 13th day of March A.D. 19 85 before
the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came
Thomas W. Hildebrand, Asst. Secretary of WEST AMER!CAN INSURANCE COMPANY, to me
personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknow-
ledged 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 Cor ~oration.
~...,~ IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official
~,~t ~.. Seal at the City of Hamilton, State of Ohio, the day and year first acove written.
..~ ~% -,-..-,;.
= ' "~ .... .~= (signed)
~ *i~ Dorothy Bibee
~._ ;~;~;~,~.-.':~ ~ ................................................
~.;'~..'-'"-'":~ ~ Notary Pubqc in and for County of Butler. State of Ohio
-,,;,,,,.
~#~mm My Commission expires December 24,1986.
This power of attorney is granted under and by authority of Article VI, Section 1 of the By-Laws of the Company, extracts
from which read:
ARTICLE VI
SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board. the President, any Vice President, a
Secretary, or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint a~y one or more
suitable persons as a resident Vice President or a resident Assistant Secretary, or to appoint atto-:;eys in fact for the purpose
of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal. acknowledge and
deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of surety-ship o: guarantee, and pol-
icies of insurance to be given in favor of an individual, firm. corporation, or the official representative thereof, or to any county
or state, or any official board or boards of an,,, 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 Reso!ution adopted by the directors of the
Company on April 24, 1980.
RESOLVED. That the signature of any officer of the Company authorized by Article VI. Section I. of the By-Laws to appoint
attorneys in fact. the signature of the Secretary or any Assistant Secretary certifying to the correct.".ess of any copy of a power
of attorney and the seal of the Company may be affixed by facsimile to any power of attorne~,o- cop¥'thereof issued on behalf
of the Company. Such signatures and seal are hereby adopted by the Company as original sigCatures 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 Secre~tary of West American Insurance Company. do hereby certify that the foregoing power
of attorney, Article VI Section 1 of the by-laws of the Company and the above Resolution of its Board of Directors are true
and correct copies and are in full force and e,'fect on this date.
IN WITNESS WHEREOF. I have hereunto set my hand and the seal of the Company this 5t.h day of August. A. D., 19 85
%q~ .......... ~ ,,-'
",,--,, .... Assistant Secretary
S-430O-C 6-80